Product # 6 Release 2016 # 1 SKU 107-A

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298 pages / 146 Cases cited
Sample pleadings & briefs

Discharging Student Loans addresses various remedies for handling student loan debts, including the Fair Debt Collection Practices Act, and administrative hardship, but with an emphasis on bankruptcy discharge.

The issue of undue hardship is explored in depth, with guidance on how to establish this case in bankruptcy court.

The key steps and issues involved in an adversary proceeding to determine discharge are explained.

Other key issue are explored, including differences between private and public funded loans, full and partial discharge, and negotiated settlements including principal write down.

CHRISTINE KINGSTON, Esq.

​Christine A. Wilton-Kingston centers her private practice on Consumer Bankruptcy, litigation in bankruptcy, debt collection practice act claims, fair credit reporting act claim, and mortgages.  Attorney Wilton practices in Los Angeles and Orange Counties. 

 

She received her Juris Doctor from Pacific Coast University School of Law (2005), and undergraduate degree from California State University, Long Beach (B.A. 1989), where she studied Speech Communication. 

She is admitted to practice law in California and before the United States District Court, Central District.

RICHARD PARKER, Esq.

 

Rich has been a shareholder of Parker, Butte & Lane, P.C. since 1986. He practices in the areas of business and family immigration law as well as bankruptcy. He represents clients in the wine industry for the entry of leading vintners from some of Europe's premier wine growing regions. He also assists with family immigration.

He is a speaker at major bankruptcy seminars in Oregon and is a practicing member of both the Oregon and Washington Bars.

Education - J.D., Golden Gate University Law School, 1978 Member of Law Review

B.A., Reed College, 1975

CATHERINE CHRISTIANSEN, Esq.


Of the California Bar
Discharging Student Loans

  • Am Jur for Community Property

  • Juris Doctor - Western State University, 1995

  • Bachelor of Science in Law - Western State University, 1993

 

Professional Associations & Memberships

  • Board Member - CDCBAA

  • Member - NACBA 

  • Member - California Bankruptcy Forum, Orange County

  • Member - Christian Legal Society

 

Teaching Experience

  • Platt/Western College of Southern California, 2002-2006

  • Society of Tax Consultants, Southern California Chapters, “Discharging Taxes In Bankruptcy”, 1998-2005

Speaking Engagements 

  • CEB courses for the "Society of Tax Preparers" regarding taxes and bankruptcy 

  • CEB courses for the "Orange County Bankruptcy Form" regarding 523(a)(8) actions in bankruptcy, the U.S. Department of Education's position paper, and tips for consumers 

NICK THOMPSON, Esq.


Of the Kentucky Bar
Discharging Student Loans

Nick worked as a former Assistant Attorney General in the litigation division of the Tax Department. He was a former Assistant Bullitt County Attorney.

 

Nick prepares all bankruptcy petitions and appears in court for all of the hearings. You are never handed over to a paralegal when it is time to prepare the petition or be in court.

I .  First Things First

INTRODUCTION:           

Current state of affairs shows that student loan debt is a ticking time bomb.

Student Loans: A Debt Problem that Won't Go Away after BAPCPA

A.  Considerations in taking on student loan issues.

1.  Federal v. Private Loans, State Loans;

 Separating the herd

2.  The Players:  Lender, Servicer and

 Guarantor

3.  Analysis in light of Client's Goals

4.  Are the Loans in Default? 

B.  FDCPA Applies

II.  Federal Loans:  

A.  Their May Be Hope Without a Bankruptcy Case

1.  IBR and ICRP Repayment

2.  Review for Administrative Hardship Discharge

3.  Default Rehabilitation

a.  Consequences of Default

b.  Curing Default

III.  Private Student Loans: 

       

A.  What about Private Student Loans?

1.  Statute of Limitationsa.  Federal Loans&emdash;No SOL

b.  Private Loans&emdash;Yes, 6 years in Ca

2.  Any other remedies?

a.  Survival is about finding the payment plan that fits the budget.

b.  Public service loan forgiveness

*  Must have Qualifying Employer

*  Make 120 payments under IBR/ICR

*  After 10 years loan forgiven and is tax free

 

c.  Administrative Discharge For:  Total and Permanent Disability, death, closed school and false certification

IV.  Bankruptcy Options

 

A.  Nature of Student Loan Debts and Proper Bankruptcy Administration

1.  Even though student loan debt is generally not dischargeable, it is not a priority debt and thus must be listed on Sch. F with general unsecured creditors.

2.  Graduate loans are non-consumer debts.

B.  Adversary Proceedings

1.  Undue Hardship Test

2.  Case Updates By the Prongs

3.  Encouraging News For Seekers of Student Loan Discharge

 

a.  Student Loans are rarely discharged in bankruptcy because Debtor's [nor their counsel] seek their discharge.

 

b.  Outcomes range from Full Discharge; Partial Discharge; Negotiated Settlement including principal write down.

4.  Testimony and Evidentiary Considerations

a.  Medical Hardship is a Strong Predictor of Whether b Debtor would receive a discharge.

i.   Physical disability, Mental illness, and chronic disease.

ii.  Debtor can obtain and testify as to their own medical records.

 

B.  Unemployment and low income immediately preceding

1.  Income conditions speak to debtor's current inability to repay under Prong I and under Prong III, if debtor can demonstrate they she has maximized income and minimized expenses in support of good faith effort to repay.

C.  Chapter 13 Considerations

a.  Student loans in a Chapter 13 Plana.  Are 1322(b)(1) and 1322(b)(5) connected? Most courts say yes.

b.  Unfair Discrimination: What does it mean?

c.  Can debtors make payments outside the plan too?

d. Creating a Plan that pays the student loans and keeps them current.

e.  The answer lies "Ösomewhere between total whim and an Act of God" says In re Hill, 4 B.R. 694, 697-698 (Bankr.D.Kan. 1980)

 

V.  Solutions To Consider

A.  In light of client's goals we seek an affordable payment plan

1.  Bankruptcy forever

2.  Other ideas

D.  Resources and Websites

© MORGAN D. KING 2016-18 Technical web advisor Douglas Morrison

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