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Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say
Notice Can Be Ok if Given to Attorney Who Represented Creditor Four Years Earlier
Judges Wouldn’t Consider Forgiving Crippling Student Loans—Until Now
For decades, bankruptcy judges refused to consider reducing student loans, but that is changing as some judges are now throwing lifelines to people struggling to repay their debt, the Wall Street Journal reported. In interviews with the Wall Street Journal, more than 50 current and former bankruptcy judges, frustrated at seeing borrowers leave federal courtrooms with six-figure debts, say they or their colleagues are more open to chipping away at the decades-old guidelines that determine how such debt is treated. “If the law’s not going to be improved by Congress, we have to help these young people who are drowning in student loan debt,” said U.S. Bankruptcy Court Judge John Waites in South Carolina. Outright cancellations remain rare, but judges said they have other tools at their disposal, including encouraging lawyers to represent borrowers for nothing. The lawsuits can cost $3,000 to $10,000 and take years. Other judges are embracing debt-relief techniques that don’t fully erase student loans but make repayment more affordable by, for instance, canceling future related tax bills. The popularity of these relief strategies could get a boost from a panel of professors, judges and advocates who are studying failures in consumer bankruptcy law and plan to release a report next year. Read more. (Subscription required.)
In related news, Sens. Marco Rubio (R-Fla.) and Elizabeth Warren (D-Mass.) plan to introduce a bill today that would prevent states from suspending residents’ driver’s and professional licenses over unpaid federal student loans. Critics have called the practice a self-defeating approach that denies borrowers the means to pay their debts, the New York Times reported. The bipartisan proposal comes after a November report by the Times revealed that 20 states had laws allowing government agencies to seize licenses from residents who had defaulted on their education debts. Records requests turned up 8,700 cases in which borrowers had lost their credentials in recent years, although that figure most likely understated the true tally. Read more.
Now available in the ABI Bookstore: Pick up your copy of the updated and revised Graduating with Debt: Student Loans under the Bankruptcy Code, Second Edition!

‘Cert’ Petition Wants Discharge Violations to Be Arbitrated
First Circuit Splits with the Ninth over Good Faith Defense to Discharge Violation
Lil' Kim, Facing Big Debt, Files for Bankruptcy
Platinum-selling rapper Lil' Kim filed for chapter 13 protection in New Jersey last month after her bank foreclosed on her gated mansion in Alpine, N.J., and the IRS said that she owes $1.47 million in back taxes, the New York Daily News reported. Court documents listed more than $4 million in secured and unsecured debts. The performer filed her petition May 8, just three days before her 6,026-square-foot property was scheduled to go on the auction block. A new listing on Auction.com that remained active Friday said the date for public bidding was rescheduled to June 28. Her filings in the case say she’s $664,474 behind on payments for the $2.3 million house and claim her gross income has dropped substantially in the last of couple years — from $823,659 in 2016 to $398,000 last year.
