Discharging Student Loan Debt in Bankruptcy: Borrower and Creditor Perspectives
Bankruptcy Code Provisions; Educational Loan Types; Relevant Cases; Partial Discharge; Specialized Treatment in Chapters 7 and 13
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide practical guidance to counsel for both borrowers and creditors on student loan debt in bankruptcy, including bankruptcy court treatment of different types of educational loans, Bankruptcy Code provisions governing student loans, relevant cases and judicial precedent in all federal circuits, local practices and policies, partial discharge of student loan debt, and specialized treatment of student loan debt in Chapter 7 and Chapter 13.
- Types of student loans
- Administrative discharge as an alternative
- Educational loans under the Bankruptcy Code
- Undue hardship discharge
- Present prong: minimal standard of living
- Future prong: "additional circumstances"
- Past prong: good faith repayment efforts
- Other considerations
- Practical strategies and considerations
The panel will review these and other vital questions:
- What are the most effective strategies and tactics for advocating for or against the discharge of student loan debt in bankruptcy?
- What are the most recent trends and cases?
- What is the American Bankruptcy Insitute's approach to these issues?
- What pending legislation may impact the discharge of student loan debt in bankruptcy?
- What are best practices for counsel for both borrowers and creditors?
John T. Baxter
Nelson Mullins Riley & Scarborough
Mr. Baxter focuses his practice on bankruptcy law and consumer financial litigation. He has experience representing... | Read More
Mr. Baxter focuses his practice on bankruptcy law and consumer financial litigation. He has experience representing both debtors and creditors in Chapter 11 proceedings touching on a diverse set of industries and has represented clients in bankruptcy and commercial litigation matters in state, federal, and appellate courts.Close
Law Office Of Natalie Jean-Baptiste
Ms. Jean-Baptiste’s practice is focused in bankruptcy and consumer rights and student loan counseling to assist... | Read More
Ms. Jean-Baptiste’s practice is focused in bankruptcy and consumer rights and student loan counseling to assist student loan borrowers in finding the best solution for managing their debt. Prior to launching her own bankruptcy practice and student loan counseling service, Ms. Jean-Baptiste worked for many years in the music industry.Close
Kurt A O’Keefe
Detroit Bankruptcy Lawyer Kurt O’Keefe
Mr. O’Keefe is a solo practitioner with 30 plus years of experience in bankruptcy and other consumer law fields,... | Read More
Mr. O’Keefe is a solo practitioner with 30 plus years of experience in bankruptcy and other consumer law fields, with an emphasis on representing student loan debtors. He is board certified in consumer bankruptcy law by the American Board of Certification since October 11, 2001. Mr. O’Keefe is a participant in pro bono program of Bankruptcy Court for the Eastern District of Michigan, 2003 to date. and Michigan State Chair for the more than 180 plus state members of the National Association of Consumer Bankruptcy Attorneys.Close