Student Loan Bankruptcy Citations and Resources
[1] 3 F.4th 595, 604–05 (2d Cir. 2021). 11 U.S.C. § 523(a)(8)(A)(ii) specifically excepts from discharge “an obligation to repay funds received as an educational benefit, scholarship, or stipend.”
[2] Id. at 599.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id. at 605.
[10] See Crocker v. Navient Sols. LLC (In re Crocker), 941 F.3d 206 (5th Cir. 2019).
[11] See McDaniel v. Navient Sols. LLC (In re McDaniel), 973 F.3d 1083 (10th Cir. 2020).
[12] Bill Rochelle, “All Private Student Loans Are Not Excepted from Discharge, Second Circuit Holds,” American Bankruptcy Institute: Rochelle’s Daily Wire (July 20, 2021), available at www.abi.org/newsroom/daily-wire/all-private-student-loans-are-not-except….
[13] Melanie Hanson, Student Loan Debt Statistics, EducationData.org, available at https://educationdata.org/student-loan-debt-statistics (last updated July 10, 2021).
[14] Id.
[15] See Brunner v. N.Y. State Higher Educ. Servs. Corp., 831 F.2d 395, 396 (2d Cir. 1987); see also Tingling v. Educ. Credit Mgmt. Corp. (In re Tingling), 990 F.3d 304, 308–09 (2d Cir. 2021) (reaffirming undue hardship standard for student loan discharge articulated in Brunner).
[16] The FRESH Start Through Bankruptcy Act of 2021, S. 2598, 117th Cong. (2021); see also FRESH Start Through Bankruptcy Act of 2021 One Pager, available at www.judiciary.senate.gov/imo/media/doc/FRESH%20Start%20Act%20of%202021%2….
[17] Id.
[18] Id.
[19] Id.
[20] Wesley Whistle, “Biden Education Department Approves Student Loan Cancellation for More than 1,800 Defrauded Borrowers,” Forbes (Jul. 9, 2021, 9:00 AM), available at www.forbes.com/sites/wesleywhistle/2021/07/09/biden-education-department….
[21] See Wesley Whistle, “Senate Votes to Overturn Betsy DeVos Decision to Withhold Debt Relief from Defrauded Students,” Forbes (Mar. 11, 2020, 12:39 PM), available at www.forbes.com/sites/wesleywhistle/2020/03/11/senate-votes-to-overturn-s….
[22] Whistle, supra n. 20.
[23] Stacy Cowley, “The Education Department Ends Its Effort to Stop States from Suing Federal Student Loan Servicers,” The New York Times: Daily Business Briefing (Aug. 9, 2021), available at www.nytimes.com/2021/08/09/business/states-federal-student-loan-services….
[24] Karen Sloan, “ABA Will Press Congress to Ease Student Loan Discharge in Bankruptcy,” Reuters: Legal News (Aug. 10, 2021, 2:23 PM), available at www.reuters.com/legal/transactional/aba-will-press-congress-ease-student…see also American Bar Association Young Lawyers Division Resolution 106C, available at www.americanbar.org/content/dam/aba/administrative/young_lawyers/initiat….