Misconceptions & Muddied Waters: Are Student Loan Discharge Standards Any Clearer?

By Natalie Scott, The Scott Law Group

Two recent decisions in our circuit may have offered the first “break” for student loan debtors in years. In April, the Ninth Circuit BAP issued In re Roth, 490 BR 908 (9th Cir BAP 2013). In May, the Ninth Circuit Court of Appeals decided a case I’ve worked on for years, Hedlund v. Educational Resources Inst., Inc., 718 F3d 848 (9th Cir 2013).

Both decisions allowed debtors to discharge student loan debt. Roth reversed a bankruptcy court’s denial of discharge in a case . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

A Practical Approach to Using Bankruptcy Rules Effectively

Beverly M. Burden

January 26, 2025

This is the first in a series of resources intended to simplify and facilitate the search for and application of certain bankruptcy rules relevant to chapter 13 practice. This article will look at four fundamental rules relating to general motion practice: Rules 9013, 9006, 9007, and 9014.

Members

May the Chapter 13 Trustee Keep Fees Paid Before Dismissal?

Lawrence R. Ahern, III

April 10, 2022

Larry Ahern this week begins a two-part examination of whether a Chapter 13 trustee may retain fees paid without a confirmed plan before dismissal. Part 1 is a detailed analysis of McCallister v. Evans, a recent case accepting the trustee's position considering a division in the caselaw and analyzing in detail the relevant statutes. May the Chapter 13 Trustee Keep...

Members

When Silence Isn’t Golden: Omissions, and Dischargeability

M. Jonathan Hayes

October 12, 2025

Can an omission be a “statement of financial condition” sufficient to establish non-dischargeability under § 523(a)(2)(B) Yes, says Judge Dennis Montali in In re Schoenmann.

Members

How to Pay for Bankruptcy When You’re Flat Broke

June 14, 2020

By Cathy Moran, Esq. (Redwood City, CA) One of the cosmic ironies of our legal system is that it costs money to file bankruptcy. Bankruptcy gets you out of debt only if you have the money to file. The costs of bankruptcy include the filing fee collected by the court; the required credit counseling; and, if you’re smart, an experienced...

The Government Shutdown and Chapter 13 Plan Arrearages – What Do We Do Now?

January 21, 2019

By Jan M. Sensenich, Chapter 13 Standing Trustee for the District of Vermont As we reach the end of the first month of the partial government shutdown, with no end in sight, 800,000 federal workers have started missing their paychecks. As the shutdown continues, Chapter 13 trustees are weighing how best to address the inevitable question from federal government employee...

Members

BOLO Alert: Community Property in Unexpected Places

Cathy Moran

July 20, 2025

“ . . . In this case, we as bankruptcy lawyers need to be on the lookout for community property.” Moran has gone over and above on this offering. Definitely a resource you will want to refer back to.

Members

When “Solely” Means Solely: Why the Pearson Decision Matters for Private Student Loan Dischargeability

Jenny L. Doling

March 15, 2026

At the center of a recent decision argued by Attorney Doling is a deceptively simple word: “solely.” Doling shares how the Ninth Circuit BAP takes that word very seriously.

Members

Taxpayers Should Beware of Property Lien Scam

October 6, 2019

With scam artists hard at work all year, taxpayers should watch for new versions of tax-related scams. One such scam involves fake property liens. It threatens taxpayers with a tax bill from a fictional government agency. Here are some details about the property lien scam that will help taxpayers recognize it: This scheme involves a letter threatening an IRS lien...

Critical Case Comment–IRS and the “Innocent Spouse”

Henry E. Hildebrand, III

May 14, 2023

Bankruptcy courts lack jurisdiction to apply “innocent spouse” relief to determine the amount of a tax claim to be paid in a Chapter 13 case. (Taddonio) In re Geary, 2023 WL 2996720 (Bankr. W.D. Pa. April 19, 2023) Case Summary When a taxpayer signs a joint tax return with their spouse, the Internal Revenue Code is very clear. Both signatories...

Members

From Suspension to Step Plans: Trustees Share What Sticks

The NACTT Emeritus Trustees

April 26, 2026

A look back at the tools that worked during economic turbulence for debtors - and why they still matter.

Members

Misconceptions & Muddied Waters: Are Student Loan Discharge Standards Any Clearer?

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

Related Articles

A Practical Approach to Using Bankruptcy Rules Effectively

May the Chapter 13 Trustee Keep Fees Paid Before Dismissal?

When Silence Isn’t Golden: Omissions, and Dischargeability

How to Pay for Bankruptcy When You’re Flat Broke

The Government Shutdown and Chapter 13 Plan Arrearages – What Do We Do Now?

BOLO Alert: Community Property in Unexpected Places

When “Solely” Means Solely: Why the Pearson Decision Matters for Private Student Loan Dischargeability

Taxpayers Should Beware of Property Lien Scam

Critical Case Comment–IRS and the “Innocent Spouse”

From Suspension to Step Plans: Trustees Share What Sticks

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: