Consumer

It is estimated that U.S. student debt obligations now exceed $1.5 trillion. This panel will discuss the impact of student loans before and after the borrower files bankruptcy. What can an attorney do to assist his/her client in determining his/her options with student loan obligations? How can a student loan be modified, and what can be done outside the courtroom for the borrower? Further discussion will concentrate on when a student loan can be dischargeable, the difficulty in establishing a hardship discharge, how the lender defends against a debtor seeking a hardship discharge at trial, and how student loans are treated in chapter 13 proceedings throughout the First Circuit.

Individuals with disabilities or with limited English proficiency often require accommodations to successfully access the relief afforded by the bankruptcy system. This requirement applies whether individuals are debtors or creditors. The panelists will discuss accessibility issues and the provision of reasonable accommodations to enable debtors or creditors with differing abilities to access the bankruptcy system. They will also provide practical steps that can be taken to ensure compliance with the Rules of Professional Responsibility, the Bankruptcy Code and the Americans with Disabilities Act. The panel will explore these issues from the perspectives of counsel, judges and the U.S. Trustee’s Office.

This panel is a great way to stay ahead of your peers and adversaries! The panelists present a cutting-edge review of the most important decisions of the day that could impact your practice.

The panelists will discuss the findings of the ABI Commission on Consumer Bankruptcy, focusing on three areas of great interest to the Commission: (1) student loans; (2) how attorneys get paid; and (3) a “reserve fund” for chapter 13s so that debtors can save for unexpected emergency expenses.

Bankruptcy and student loans do not mix because of Brunner, but as outstanding student loan debt nationwide has risen to $1.5 trillion and climbing, there is a huge need for a solution to the student loan debt crisis. During this session, you will learn the different options student loan debtors have, and identify ways to be compensated for your services. Also, you will receive an inside look from a chapter 7 trustee on how to identify (and hopefully avoid) the pain that could come with a dreaded tuition clawback.