STUDENT LOANS IN BANKRUPTCY
2. Private Student Loans - 30
min (Joshua Cohen and John
Rao)
·
Objections to claims
·
Statute of limitations issues
(waiver of the stay, etc.).
·
Dealing
with
ipso
facto
clauses
i. Co-debtor stay in chapter 13
ii.
Third-party plan
injunction
3. Undue Hardship - 60 min. (Erik
Heath, Rich Parker and John
Rao)
·
·
Case evaluation under
undue
hardship
tests
(Brunner
and
Totality
of
the
Circumstances)
i. “Minimal” standard of living
ii. Persistence of hardship
- Realistic expectations vs.
“certainty of hopelessness”
iii. Good faith efforts
- Impact of income based
repayment plans
Filing
the
adversary
p r o c e e d i n g
i. Pleading requirements
ii.
Naming
the
proper
defendants
iii. Seeking complete or
partial discharge?
·
Proving
undue
hardship
at
trial
i.
Burden of proof
ii.
Rules
of
evidence
to
consider
iii. Expert testimony?
Boltz and Hal Nemeth)
·
Applying for administrative
repayment plans while in
chapter 13
·
Curing
defaults
and/or
maintaining payments on
prepetition
administrative
repayment plans
·
Review of sample plan
provisions/confirmation
order
4. Misc. Other - 15 min
·
Clawbacks of parent paid
tuition
Session 2
7. Chapter 13 Treatment - 60
min (Hal Nemeth)
·
Separate
classification
i. When is discrimination fair?
ii. Making use of 1322(b)
(5) cure and maintain
Does
section
1322(b)(10)
apply?
iii. Chapter 20?
·
Projected
income
and
means
test
issues
i. Use of “discretionary
income” to pay student loans
ii. Student loan payments
as “special circumstances”
5. Non-bankruptcy Options
Overview - 90 min (Randall Rider,
Adam Minsky and Ed Boltz)
·
Administrative
options
discharge
·
Income based repayment
plans
·
Income tax implications
6. Obtaining Non-bankruptcy
Relief in Chapter 13 - 60 min (Ed
National Association of Consumer Bankruptcy Attorneys
Winter 2015
CONSUMER BANKRUPTCY JOURNAL
45