Student Loans

Hosted by the Consumer Bankruptcy Committee Join our panelists as they discuss the DOJ’s new student loan guidelines and provide context on how the guidelines will impact debtor attorneys, trustees and other entities in the bankruptcy process.

This will be a lively discussion of the latest cases involving student loan dischargeability and issues related to litigating in this area, including what constitutes “undue hardship”, the Brunner Test, consideration of income-based repayment programs and other related topics.

A conversation on how bankruptcy courts can get ready for the expected tsunami of mortgage defaults post-COVID and beyond. The panelists will share recent updates on extending the same process to address student loan defaults in chapter 13 bankruptcy cases.

Sponsored by ABI's Consumer Bankruptcy Committee It is commonly understood that student loans are nearly impossible to discharge in bankruptcy. The standard has become mythical — akin to a “certainty of hopelessness.” Are the Brunner and totality-of-the-circumstances tests realistic standards? If not, what should legislators consider as an alternative? Will successful litigation break the mythical standard, and what could that look like? The prevalence of these cases is increasing every day, as courts are asked more often to evaluate the appropriateness of, and apply, these impossible standards. Simultaneously, the total amount of U.S. student loan debt continues to accelerate toward $2 trillion. Join ABI’s Consumer Committee as two consumer bankruptcy experts, Ed Boltz and Ray Hendren, debate what can — and should — come next.

Many higher-education institutions find that COVID-19 simply shined a harsh spotlight on what had already been a slow burn, ignited by demographics, debt, distress and denial. Join our panelists for a thoughtful conversation about how we got here, and which institutions are most at risk. A discussion of chapter 11 issues and alternatives for nonprofit colleges will follow, with time for questions at the end.

This year's ABI Talks, presented in the style of the ever-popular TED Talks, will focus on four timely topics: The Rhetoric and Reality of Student Debt, Not Your Parent’s Loan, Energy in Bankruptcy, and Health Care in Bankruptcy.

Presented by NACBA This panel will focus on recent cases that have reexamined the proper application of the Brunner standard without the punitive standards, as well as cases that have distinguished and explained portions of § 523(a)(8) and why they don’t apply to all private student loans. Finally, the panelists will discuss the effect that the CARES Act has had on student loans.