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ABI Journal

Discharge/Dischargeability

To amend the Higher Education Act of 1965 to remove the record of default on a loan made, insured, or guaranteed under title IV from a borrower’s credit history upon repayment of the full amount due on such loan.

Thursday, July 13, 2023

To prohibit the Secretary of Education, the Secretary of the Treasury, and the Attorney General from cancelling student loans, or changing any other terms or conditions on such loans, except as expressly authorized by an Act of Congress enacted after the date of enactment of this Act.

Wednesday, July 19, 2023

To provide for the discharge of a private education loan in the case of death or total and permanent disability of a student obligor, and for other purposes.

Thursday, July 20, 2023

Ninth Circuit Bankruptcy Judges Disagree on Allowing Emotional Distress Damages

One day apart, bankruptcy judges in the Ninth Circuit disagreed on emotional distress damages for violations of the discharge injunction.

Tuesday, May 28, 2024
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Collecting a Student Loan Can (Sometimes) Violate the Discharge Injunction, BAP Says

The Ninth Circuit BAP holds that nondischargeability of student loans in Section 523(a)(8) isn’t ‘self-executing.’