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ABI Journal

523(a)(8)

Courts Interpret Brunner Too Harshly, Bankruptcy Judge Cecelia Morris Says

A debtor with a law degree but only $37,500 in gross annual income was permitted to discharge more than $220,000 in student loans.

Discharge Is Enforceable Only in the Issuing District, Fifth Circuit Says

Fifth Circuit bars nationwide class actions to enforce the discharge injunction. However, the appeals court ruled that private student loans are dischargeable.

Winter

2015

Recent Decisions Deepen and Entrench Circuit Split on Discharging Student Loans

Conflicting standards among the circuits warrant a grant of certiorari to define ‘undue hardship’ required for discharging a student loan.

Self-Inflicted Disability Won’t Make Student Loans Dischargeable, BAP Says

The BAP avoided making a rule that would have allowed convicted felons to discharge student loans more easily than debtors with clean records.