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:

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

Molly Pro picture
June 26, 2022
Consider if you will that your client has just filed a Chapter 13 Bankruptcy. They have intelligently chosen to surrender a luxury item - a boat or 4-wheeler or even that extra vehicle they don’t need. Because the creditor would like to preserve the value of the collateral by obtaining possession quickly, they file a Motion for Relief shortly after...
Members
April 28, 2019
By William Houston Brown, Co-chair of the Commission and Adviser to the Academy for Consumer Bankruptcy Education The Report of the Commission on Consumer Bankruptcy for improvements to the consumer bankruptcy system was made public on April 11, 2019. The full report is available free by download from the American Bankruptcy Institute’s website, www.abi.org. The following Foreward to the Report...
Members
March 24, 2019
By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Discharge - Direct mortgage payments unpaid by debtor were not “provided for” in plan. The confirmed plan stated that the debtor would directly pay two home mortgages to the credit union, but there was no specification of payment terms or other treatment of those mortgages. At the time of confirmation, the...
Members
moran_cathy
May 1, 2022
Traps and grey areas abound when one spouse files bankruptcy during or after a divorce. Inattention by the non-filing spouse can result in the bankruptcy discharge of spousal claims that might actually be nondischargeable. One of those traps involves the differing treatment in bankruptcy of debts to a former spouse incurred in the course of a divorce (Bankruptcy Code §523(a)15))...
Members
January 19, 2020
By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Click here for Part 1 of 3 Click here for Part 2 of 3 C. Challenges unique to older debtors. Mobility/hearing attendance requirements. Attendance at 341 hearing. Section 343 Examination of the debtor clearly indicates that the debtor shall appear and . . . It looks like you are not signed...
Members
Copy of Hildebrand-2016
November 13, 2022
Chapter 13 debtor must demonstrate extraordinary circumstances to justify the extraordinary relief of setting aside or “reconsidering” an order dismissing a Chapter 13 case. (Cary) In re Canas, 2022 WL 10707000 (Bankr. D. Ma. October 18, 2022) Case Summary Nelson and Annemarie Canas filed a Chapter 13 petition in August of 2019. The debtors immediately fell behind on their proposed...
Members
happythanksgiving2023turkey
November 19, 2023
As our ‘thank you’ to our loyal readers, we bring you a completely non-password protected issue! ENJOY.
kevinanderson
June 26, 2022
Consumers have burned through their stimulus cash and are now drawing down their savings to satisfy pent up spending sprees and to cover the increasing cost of living. This cannot continue. From 2015 through the end of 2019, consumers held a consistent average of $1.1 trillion in savings. However, with the commencement of the COVID pandemic and the first of...
Members
Copy of Hildebrand-2016
September 3, 2023
To pay present value to a secured creditor, a reorganization plan may start with a treasury rate and add a risk factor and need not start with a prime rate plus a risk factor.
Members
Mark
May 8, 2022
At my firm, we see a lot of consumers who have some combination of high debt and low income. Many of them arrive for their consultations after having been abused by debt collectors and predatory lenders, harmed by mortgage servicing errors, or subjected to inaccurate and derogatory credit reporting. Until fairly recently, after filing bankruptcies for these folks, we usually...
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: