2024 Update: Federal Guidance on Discharging Student Loans in Bankruptcy IS a Game Changer

The 2022 Justice Department and Department of Education collaboration introduced new bankruptcy guidelines, notably easing the "undue hardship" exception for discharging student loans, marking a departure from the stringent "Brunner Test" requirements. Here the Bransons give us a look at the progress being made in discharging student loans.

Unlock This Article

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

Learn more about the membership.

Please sign in to continue reading this content.
branson2
Branson Law PLLC (Orlando, FL)

Tammy Branson is a senior paralegal at BransonLaw for over 25 years in Orlando. She has been a Certified Bankruptcy Assistant since 1995. She is a member of the Central Florida Bankruptcy Law Association and the Association of Bankruptcy Judicial Assistants. She has presented topics covering Chapter 13 issues and Mortgage Modifications to the Central Florida Bankruptcy Law Association Paralegal Subcommittee. She has worked on over 400 loan modifications through the Orlando Divisions Residential Mortgage Modification Program. She has led the charge for Mortgage Modification Mediation programs across the Country and has taught hundreds of attorneys in the process. In 2016 she was nominated by all three of the bankruptcy judges in the Orlando Division, Middle District of Florida for the Orange County Bar Association Paralegal Section, Paralegal of the Year Award, for which she won. She is the current Committee Chair for the Middle District of Florida Student Loan Program Committee.

branson1
Branson Law PLLC (Orlando, FL)

Robert Bailey Branson is an attorney focusing on consumer bankruptcy for twenty five years in the Orlando area. He served proudly in the United States Army from 1978 to 1983. He obtained his Bachelor of Arts degree from the University of Central Florida in 1985 and a Juris Doctorate from the University Of Florida College Of Law in 1988. He is a member of the Central Florida Bankruptcy Law Association and the former Chair of the Orange County Bankruptcy Committee. He is a current member of the Steering Committee for the Middle District of Florida Bankruptcy Court. He is a mediator with the United States Bankruptcy Court and as mediator has performed over 500 mortgage mediations. As Debtor Counsel he has completed over 300 mortgage modifications since the program’s inception. Mr. Branson participates and has established Mortgage Modification Education, a company dedicated to training attorneys and staff to perform effective loan modification mediations.

Related Articles

hayes
March 24, 2024
Bankruptcy Court in Texas awards sanctions of $825,940.55 for bad faith filing and prosecution of a proof of claim. (Yes it’s an 11 but still, $825k!)
Members
moran_cathy
February 18, 2024
The initial meeting with a prospective bankruptcy client is the most important work I do as a bankruptcy lawyer. It’s also the hardest.
Members
October 17, 2021
By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 - Part 1 Escrow 101 - Part 2 Escrow 101 - Part 3 Escrow 102 - Part 1
Members
stevenson
May 8, 2022
My life in 1982 was in a bit of turmoil. I had recently gotten married and was working as in-house counsel for a regional furniture retailer. My position included a lot of collection work – beating up on debtors in state and bankruptcy courts. I was not unhappy but I was not comfortable with my work – it was clear...
September 26, 2021
By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH) On Thursday, September 16, 2021, the bankruptcy community lost a good friend and esteemed colleague, Robert S. Thomas II. In an effort to pay tribute to Robert, who was loved and respected by so many, The NACTT Academy is privileged to share comments, thoughts, and tributes made by Robert’s bankruptcy colleagues....
Academy Circle Logo Final
February 12, 2023
Previously the Emeritus Trustees (“ETC”) were asked to comment on “How to Manage Unprofessional and Discourteous Attorneys”. We now turn to ETC to share their collective wisdom when addressing the issues raised by incompetent, unprepared, and negligent bankruptcy counsel. Chapter 13 Trustees are required to administer cases in accordance with the duties set forth in 11 U.S.C. Sec. 1302 and...
Members
June 21, 2020
By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo III. Applying the Hanging Paragraph a. Application of the Hanging Paragraph – Timing of Debt In order for the hanging paragraph to apply, the debt must be secured by a purchase money security interest (“PMSI”) in either: 1) a motor vehicle...
Members
Copy of Hildebrand-2016
October 15, 2023
A little bit for everyone in this case . . .In calculating above-median income debtor’s projected disposable income, Chapter 13 debtor may not deduct the “ownership allowance” for transportation expenses if the secured debt in question is secured by a nonpurchase money security interest in a motor vehicle.
Members
NBR cropped 2
November 12, 2023
Cathy Moran’s article Bankruptcy Lawyer Must Have Otherworldly Powers raised an interesting issue: what should a lawyer do when a client calls and says, “what the heck IS this [notice, letter, order, whatever] that I just got?” Professor Rapoport’s take on this issue is not at all what you would expect. She puts the responsibility squarely on . . .
Members
moran_cathy
April 21, 2024
Even when the contentions against a debtor spouse sound in fraud, breach of fiduciary duty, or intentional tort, the claims of the debtor’s spouse survive a Chapter 7 discharge.
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

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