On Tuesday, October 30, 2018 at 7:15a.m., NACBA will hosting an educational breakfast for all to attend. The topic will be: Leaving Student Loan Discharge Behind: Defining Student Loans, Treatment in chapter 13, and Non-bankruptcy Options.
With discharge of student loans under the undue hardship standard often requiring a “certainty of hopelessness”, this panel will instead focus on alternative methods that debtors and courts have addressed the ever mounting student loan crisis. This will include an examination of what actually constitutes an “educational benefit”, how the various repayment programs from the Department of Education can be integrated with bankruptcy, and non-bankruptcy causes of action and defenses, including Statutes of Limitation, burdens of proof regarding standing and consumer protection laws, can be used to provide borrowers relief.
Andy Altenburg, NCBJ Liaison to NACBA