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 . . .

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Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Despite a split in authority, funds held by a Chapter 13 Trustee at the time a case is dismissed prior to confirmation, are subject to the trustee’s commission before any balance is returned to the debtor. In re Doll, 17-20831-MER (Bankr. D.Colo. Feb. 19,...

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