In bankruptcy, is there a difference between a “debt” and a “claim”?
Legal cases often hinge around very fine, technical distinctions between words. This is one of those times. In this article, we’ll take a look at a very important issue: in bankruptcy, is there a difference between a “debt” and a “claim?”
KEEP READING . . .Single Mother Wins Discharge of Student Loans in Bankruptcy Court
As I’ve commented before (such as here and here), the student loan issue is something that should be receiving plenty of attention in the coming months. Bankruptcy offers an interesting opportunity for student loan debtors because, under certain circumstances, courts are willing to discharge student loans. In this case, the debtor (who, to me, more people […]
KEEP READING . . .An Airline Pilot Tries to Get His Student Loans Discharge . . . and Loses
Student loans are a hot topic in the bankruptcy world right now. With reports indicating that student loan debt has reached staggering numbers, and is hampering graduates’ abilities to get started with life and to build wealth, its not at all surprising. There seems to be some discussion about student loan relief legislation (more than just […]
KEEP READING . . .Debtor Gets Student Loans Discharged in Bankruptcy Case!
[huge_it_video_player id=”9″] In a prior post, I reviewed a case where a husband and wife couple in Arkansas had a bankruptcy court decide that their student loans are NOT dischargeable based on the totality of their circumstances. In this post, we’ll take a look at a case where a bankruptcy court in Arkansas conducted a similar […]
KEEP READING . . .Discharge of Student Loans DENIED in Arkansas
[huge_it_video_player id=”8″] Ahhh, yes. For those of us that incurred student loans, what we would do to get rid of them. For many, the steady and constant monthly payment is a strain on your ability to live, your ability to try and purchase vehicles or real estate, and sometimes even has an adverse effect on […]
KEEP READING . . .Are foreign student loans dischargeable in bankruptcy?
People are becoming more and more aware that student loan debt is becoming a HUGE problem. With many college and post-grad students entering the workforce with high-five and six figure student loan debts, and jobs not paying income to keep up with the student loans (not to mention housing and other costs of living), bankruptcy […]
KEEP READING . . .Case Review: Lawyer gets his student loans discharged in bankruptcy!
You never know what it’s like to walk in someone else’s shoes. If I asked your thoughts on a 56 year old healthy male, living in California, who has been an attorney admitted to practice law since 1993, what would they be? High net worth? Partner? 1%? What if I told you that this person […]
KEEP READING . . .US Supreme Court Denies Review of Student Loan Case
The US Supreme Court has declined to review a student loan case that would have presented the question as to the appropriate standard of review for a hardship discharge of student loans in bankruptcy cases. While a number of interesting student loan opinions are coming out from courts across the United States, this was the […]
KEEP READING . . .