Download or read book Bankruptcy and Student Loans written by Kevin M Lewis and published by . This book was released on 2019-08-02 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: As overall student loan indebtedness in the United States has increased over the years, many borrowers have found themselves unable to repay their student loans. Ordinarily, declaring bankruptcy is a means by which a debtor may discharge-that is, obtain relief from-debts he is unable to repay. However, Congress, based upon its determination that allowing debtors to freely discharge student loans in bankruptcy could threaten the student loan program, has limited the circumstances in which a debtor may discharge a student loan. Under current law, a debtor may not discharge a student loan unless repaying the student loan would impose an "undue hardship" upon the debtor and his dependents. The Bankruptcy Code does not define "undue hardship," and the legislative history of the relevant statutory provision does not precisely specify how courts should determine whether a debtor qualifies for an undue hardship discharge. The task of interpreting this statutory term has consequently fallen to the federal judiciary. Courts, however, have disagreed regarding exactly what a debtor must prove in order to discharge a student loan on undue hardship grounds. The vast majority of courts have interpreted "undue hardship" to require the debtor to prove three things: (1) the debtor cannot maintain, based on current income and expenses, a "minimal" standard of living for himself and his dependents if forced to repay the loans; (2) additional circumstances exist indicating that the debtor's inability to pay is likely to persist for a significant portion of the repayment period of the student loans; and (3) the debtor has made good faith efforts to repay the loans. The debtor must prove each of these elements by a preponderance of the evidence. This standard is commonly called the "Brunner" test, after the case in which the standard originated. The Brunner test is highly fact-intensive, and not all courts apply the Brunner standard the same way. Indeed, each factor has resulted in various subsidiary splits in the courts with respect to a host of issues. Whereas the vast majority of courts apply the Brunner test to determine whether excepting a student loan from discharge would impose an undue hardship upon the debtor, two courts have explicitly declined to adopt the Brunner standard. Instead, these courts apply an alternative standard known as "the totality-of-the-circumstances test," weighing numerous, nonexclusive factors when considering whether student loan debt should be discharged. In response to this split of authority, as well as calls to make student loans less difficult to discharge in bankruptcy, some Members of Congress and commentators have advanced various proposals to amend or repeal the Bankruptcy Code's undue hardship provision. These proposals implicate a variety of legal issues that Congress may consider.
Download or read book The Transformation of Title IX written by R. Shep Melnick and published by Brookings Institution Press. This book was released on 2018-03-06 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: One civil rights-era law has reshaped American society—and contributed to the country's ongoing culture wars Few laws have had such far-reaching impact as Title IX of the Education Amendments of 1972. Intended to give girls and women greater access to sports programs and other courses of study in schools and colleges, the law has since been used by judges and agencies to expand a wide range of antidiscrimination policies—most recently the Obama administration’s 2016 mandates on sexual harassment and transgender rights. In this comprehensive review of how Title IX has been implemented, Boston College political science professor R. Shep Melnick analyzes how interpretations of "equal educational opportunity" have changed over the years. In terms accessible to non-lawyers, Melnick examines how Title IX has become a central part of legal and political campaigns to correct gender stereotypes, not only in academic settings but in society at large. Title IX thus has become a major factor in America's culture wars—and almost certainly will remain so for years to come.
Download or read book Discharging Student Loan Debt written by Nancy Martin-Wood and published by . This book was released on 2018-02-09 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you heard you can't bankrupt your Student Loan Debt, it is not entirely true. There is a process called an Adversarial Proceeding. It stems from bankruptcy court decisions of Pena and Brunner to satisfy a 3-prong test. A successful adversarial proceeding discharges those unbearable student loan debts. Many people qualify for this student loan debt relief especially when circumstances change or inadequate assistance is offered by the Department of Education. In this book, I advanced pro se -- without an attorney -- through the court system to a settlement. For more clarification, in case this is a process you're considering, I've included an Adversarial Proceeding template and a couple of court opinions. These court opinions give additional insight on the court's thought process for passing the 3-prong test relating to Pena and Brunner for a successful strategy in winning your Adversarial Proceeding court case. This is an insider's journey through the court process I am sharing in the book.
Download or read book An Undue Hardship written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2010 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dear Debt written by Melanie Lockert and published by Coventry House Publishing. This book was released on 2016-08-12 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: In her debut book Dear Debt, personal finance expert Melanie Lockert combines her endearing and humorous personal narrative with practical tools to help readers overcome the crippling effects of debt. Drawing from her personal experience of paying off eighty thousand dollars of student loan debt, Melanie provides a wealth of money-saving tips to help her community of debt fighters navigate the repayment process, increase current income, and ultimately become debt-free. By breaking down complex financial concepts into clear, manageable tools and step-by-step processes, Melanie has provided a venerable guide to overcoming debt fatigue and obtaining financial freedom. Inside Dear Debt you will learn to: • Find the debt repayment strategy most effective for your needs • Avoid spending temptations by knowing your triggers • Replace expensive habits with cheaper alternatives • Become a frugal friend without being rude • Start a side hustle to boost your current income • Negotiate your salary to maximize value • Develop a financial plan for life after debt
Download or read book The Student Loan Mess written by Joel Best and published by Univ of California Press. This book was released on 2014-05-02 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Student loan debt in the U.S. now exceeds $1 trillion, more than the nation's credit-card debt. This timely book explains how and why student loans evolved, the concerns they've raised along the way, and how each policy designed to fix student loans winds up making things worse. The authors, a father and son team, provide an intergenerational, interdisciplinary approach to understanding how, over the last 70 years, Americans incrementally, with the best intentions, created our current student loan disaster. They examine the competing interests and shifting societal expectations that contributed to the problem, and offer recommendations for confronting the larger problem of college costs and student borrowing in the future"--
Download or read book Treasury Should Exclude Income from Discharge of Student Loans written by John R. Brooks and published by . This book was released on 2016 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are several ways that a student loan borrower can have a federal student loan discharged. In some cases, that cancellation of student debt creates taxable income, but in others it does not. This Article argues that taxing cancellation of student debt undermines the purposes of loan discharge and income-driven repayment programs like IBR and PAYE. This Article further argues that, if Congress does not act to provide a clear exclusion, Treasury has sufficient statutory and common law authority to exclude that income, and that it should do so.
Download or read book 100 Ways to Get Rid of Your Student Loans Without Paying Them written by SALT and published by eBookIt.com. This book was released on 2015-07-31 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of programs exist that may forgive, discharge, or pay for all or a portion of your federal student loans. However, finding the ones that could work for you can be dizzying and confusing—especially if you have to do it out all on your own. That's why SALT created the 2015 edition of our loan forgiveness eBook, "100+ Ways To Get Rid Of Your Student Loans (Without Paying Them)." This easy-to-navigate eBook collects all of the discharge and forgiveness options you're looking for in one place. We haven't found another resource like it (and we should know—we've worked in student loans for more than 50 years). So, dig in to get the details on: * Federal programs like Public Service Loan Forgiveness and Teacher Loan Forgiveness. * State-by-state programs that could eliminate all of a portion of your student loans. * The next steps to take advantage of any of these options. Download your copy for free and learn more about how SALT helps young people borrow less, borrow smart, and repay their loans at saltmoney.org.
Download or read book Repaying Your Student Loans written by and published by . This book was released on 2002 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Debtfare States and the Poverty Industry written by Susanne Soederberg and published by Routledge. This book was released on 2014-09-19 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: WINNER of the BISA IPEG Book Prize 2015 http://www.bisa-ipeg.org/ipeg-book-prize-2015-winner-announced/ Under the rubric of ‘financial inclusion’, lending to the poor –in both the global North and global South –has become a highly lucrative and rapidly expanding industry since the 1990s. A key inquiry of this book is what is ‘the financial’ in which the poor are asked to join. Instead of embracing the mainstream position that financial inclusion is a natural, inevitable and mutually beneficial arrangement, Debtfare States and the Poverty Industry suggests that the structural violence inherent to neoliberalism and credit-led accumulation have created and normalized a reality in which the working poor can no longer afford to live without expensive credit. The book further transcends economic treatments of credit and debt by revealing how the poverty industry is extricably linked to the social power of money, the paradoxes in credit-led accumulation, and ‘debtfarism’. The latter refers to rhetorical and regulatory forms of governance that mediate and facilitate the expansion of the poverty industry and the reliance of the poor on credit to augment/replace their wages. Through a historically grounded analysis, the author examines various dimensions of the poverty industry ranging from the credit card, payday loan, and student loan industries in the United States to micro-lending and low-income housing finance industries in Mexico. Providing a much-needed theorization of the politics of debt, Debtfare States and the Poverty Industry has wider implications of the increasing dependence of the poor on consumer credit across the globe, this book will be of very strong interest to students and scholars of Global Political Economy, Finance, Development Studies, Geography, Law, History, and Sociology. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781315761954, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license. https://www.youtube.com/watch?v=2lU6PHjyOzU
Download or read book The Federal Student Aid Information Center written by and published by . This book was released on 1997 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The White Coat Investor written by James M. Dahle and published by White Coat Investor LLC the. This book was released on 2014-01 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a practicing emergency physician, The White Coat Investor is a high-yield manual that specifically deals with the financial issues facing medical students, residents, physicians, dentists, and similar high-income professionals. Doctors are highly-educated and extensively trained at making difficult diagnoses and performing life saving procedures. However, they receive little to no training in business, personal finance, investing, insurance, taxes, estate planning, and asset protection. This book fills in the gaps and will teach you to use your high income to escape from your student loans, provide for your family, build wealth, and stop getting ripped off by unscrupulous financial professionals. Straight talk and clear explanations allow the book to be easily digested by a novice to the subject matter yet the book also contains advanced concepts specific to physicians you won't find in other financial books. This book will teach you how to: Graduate from medical school with as little debt as possible Escape from student loans within two to five years of residency graduation Purchase the right types and amounts of insurance Decide when to buy a house and how much to spend on it Learn to invest in a sensible, low-cost and effective manner with or without the assistance of an advisor Avoid investments which are designed to be sold, not bought Select advisors who give great service and advice at a fair price Become a millionaire within five to ten years of residency graduation Use a "Backdoor Roth IRA" and "Stealth IRA" to boost your retirement funds and decrease your taxes Protect your hard-won assets from professional and personal lawsuits Avoid estate taxes, avoid probate, and ensure your children and your money go where you want when you die Minimize your tax burden, keeping more of your hard-earned money Decide between an employee job and an independent contractor job Choose between sole proprietorship, Limited Liability Company, S Corporation, and C Corporation Take a look at the first pages of the book by clicking on the Look Inside feature Praise For The White Coat Investor "Much of my financial planning practice is helping doctors to correct mistakes that reading this book would have avoided in the first place." - Allan S. Roth, MBA, CPA, CFP(R), Author of How a Second Grader Beats Wall Street "Jim Dahle has done a lot of thinking about the peculiar financial problems facing physicians, and you, lucky reader, are about to reap the bounty of both his experience and his research." - William J. Bernstein, MD, Author of The Investor's Manifesto and seven other investing books "This book should be in every career counselor's office and delivered with every medical degree." - Rick Van Ness, Author of Common Sense Investing "The White Coat Investor provides an expert consult for your finances. I now feel confident I can be a millionaire at 40 without feeling like a jerk." - Joe Jones, DO "Jim Dahle has done for physician financial illiteracy what penicillin did for neurosyphilis." - Dennis Bethel, MD "An excellent practical personal finance guide for physicians in training and in practice from a non biased source we can actually trust." - Greg E Wilde, M.D Scroll up, click the buy button, and get started today!
Download or read book Oregon Student Debt written by Michael Fuller and published by . This book was released on 2016-05-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Student Loans and Bankruptcy written by William R. Mapother and published by . This book was released on 1986 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Student Loan Discharge An Empirical Study of the Undue Hardship Provision of 523 A 8 Under Appellate Review written by Ryan Freeman and published by . This book was released on 2014 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prior to the enactment of the Bankruptcy Code, student-loan debtors could receive automatic discharge of their debts in bankruptcy. Now, they cannot. Since the Code's enactment, Congress pursued progressively harsher standards, continually narrowing the scope of when a student-loan debtor could obtain discharge. Following the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act in 2005, student-loan debtors now encounter the toughest obstacles to discharge they have ever faced. By extending the protection of the discharge exception of 11 U.S.C. § 523(a)(8) to private lenders, Congress effectively placed all students who take out loans to pay for their education at the mercy of a harsh system, whose narrow exceptions for discharge force debtors to prove that they face a “certainty of hopelessness” in their future.The harshness of this system is well documented by empirical studies analyzing the results of bankruptcy courts applying the undue hardship provision in § 523(a)(8). These studies paint a portrait of inconsistency and subjectivity across the many judicial districts. Attempted application of the undefined term “undue hardship” has resulted in multiple judicially created tests, the most predominant of which, the Brunner test, requiring a finding of non-dischargeability if the debtor fails any of the test's three prongs.This Comment presents findings from an empirical study of ten years of bankruptcy appellate decisions dealing with the undue hardship provision, an area yet unexplored. Its findings reveal an enormous inequity in the treatment of debtors and creditors in these cases. These findings suggest a reconsideration of the current approach of the bankruptcy system toward student-loan debt and whether the judicially created tests have narrowed this exception beyond what the Code intended. Furthermore, it recommends careful assessment for practitioners considering an appeal on behalf of a debtor of an unfavorable bankruptcy court decision.
Download or read book Bankruptcy Laws of the United States written by United States and published by . This book was released on 1951 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book How To Tame The Student Loan Dragon written by Christine A. Kingston and published by . This book was released on 2021-05-11 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Admit it. We have a student loan debt crisis that is holding 43 million Americans hostage over more than $1.7 trillion dollars in student loan debt. The new government administration is promising to improve upon the administrative remedies, but will that be enough? Will student loans become eligible for a bankruptcy discharge without the current Undue Hardship requirements? Are there other options? How To Tame The Student Loan Dragon provides readers a look back in history to see how we got into this mess in the first place; a review of the many different types of loans that are out there and the options for taming those dragons. You'll hear from attorney Kingston's clients directly and how they worked through the legal process to gain control for themselves. Get a peek into the future and opportunities that may be on the horizon and tips for those considering funding their college education with student loans.
