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 Time for a Fresh Look at the Undue Hardship Bankruptcy Standard for Student Debtors written by George Bedinger VI and published by . This book was released on 2013 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1978, Congress enacted 11 U.S.C. § 523(a)(8), thereby restricting the availability of student-loan discharge for student debtors. The standard Congress established was the “undue hardship” test, which a debtor needed to pass in order to discharge an educational loan. “Undue hardship” lacked a definition in § 523(a)(8), however, and courts derived a number of different tests to measure a debtor's inability to make future loan payments. Some courts enacted the particularly severe standard of requiring that a debtor prove a “certainty of hopelessness” for any future loan repayments. This Note examines different circuits' approaches to the “undue hardship” determination and advocates for a congressional solution that would codify the Eighth Circuit's totality test in addition to a partial discharge provision for debtors who have met the “undue hardship” requirement. The Note argues that, in the absence of congressional action, courts should break from precedent to apply the provisions suggested in the Note's amendment to § 523(a)(8). Alternatively, courts may look to Congress's definition of “undue hardship” in 11 U.S.C. § 524(m) to provide a basis for the interpretation of § 523(a)(8). These solutions would provide more clarity to the “undue hardship” standard in changing economic and social times while respecting Congress's intent and the “fresh start” purpose of the Bankruptcy Code.
Download or read book The Discharge Ability of Educational Loans as an Undue Hardship Pursuant to the United States Bankruptcy Code written by W. Shane Mackey and published by . This book was released on 2005 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Real Student Loan Scandal written by Rafael I. Pardo and published by . This book was released on 2018 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: For a debtor to obtain a discharge of educational debt in bankruptcy, an adversary proceeding between the debtor and the creditor must be initiated, and the debtor must establish that repayment of the debt would impose an undue hardship. This empirical study documents and analyzes trial-level outcomes of such proceedings. An original data set has been compiled of all terminated undue hardship discharge proceedings in the U.S. Bankruptcy Court for the Western District of Washington that were commenced during the five-year period beginning on January 1, 2002 and ending on December 31, 2006. The study seeks to provide an account of the determinants of the extent of discharge obtained by debtors, whether through settlement or through court adjudication. Bivariate and regression analyses of the data reveal that case characteristics that decisional law would deem irrelevant to the merits of a debtor's claim of undue hardship, such as the level of experience of the debtor's attorney and the identity of the judge assigned to the debtor's adversary proceeding, predominate the group of determinants of the extent of discharge. We conclude that our findings raise serious concerns regarding access to justice and thus challenge long-standing assumptions regarding the propriety of discharge litigation for relief from student loans in a bankruptcy system designed to provide a fresh start for debtors.
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Student Loan Programs Data Book written by Donald Conner and published by . This book was released on 1997 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Plutocracy in America written by Ronald P. Formisano and published by JHU Press. This book was released on 2015-09-15 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This data-driven book offers insight into the fallacy of widespread opportunity, the fate of the middle class, and the mechanisms that perpetuate income disparity.
Download or read book Bankruptcy the Next Twenty Years written by National Bankruptcy Review Commission (U.S.) and published by . This book was released on 1997 with total page 1350 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book In Re Rose written by and published by . This book was released on 1990 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Broke written by Katherine Porter and published by Stanford University Press. This book was released on 2012-01-11 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: About 1.5 million households filed bankruptcy in the last year, making bankruptcy as common as college graduation and divorce. The recession has pushed more and more families into financial collapse—with unemployment, declines in retirement wealth, and falling house values destabilizing the American middle class. Broke explores the consequences of this unprecedented growth in consumer debt and shows how excessive borrowing undermines the prosperity of middle class America. While the recession that began in mid-2007 has widened the scope of the financial pain caused by overindebtedness, the problem predated that large-scale economic meltdown. And by all indicators, consumer debt will be a defining feature of middle-class families for years to come. The staples of middle-class life—going to college, buying a house, starting a small business—carry with them more financial risk than ever before, requiring more borrowing and new riskier forms of borrowing. This book reveals the people behind the statistics, looking closely at how people get to the point of serious financial distress, the hardships of dealing with overwhelming debt, and the difficulty of righting one's financial life. In telling the stories of financial failures, this book exposes an all-too-real part of middle-class life that is often lost in the success stories that dominate the American economic narrative. Authored by experts in several disciplines, including economics, law, political science, psychology, and sociology, Broke presents analyses from an original, proprietary data set of unprecedented scope and detail, the 2007 Consumer Bankruptcy Project. Topics include class status, home ownership, educational attainment, impacts of self-employment, gender differences, economic security, and the emotional costs of bankruptcy. The book makes judicious use of illustrations to present key findings and concludes with a discussion of the implications of the data for contemporary policy debates.
Download or read book Reforming Infrastructure written by Ioannis Nicolaos Kessides and published by World Bank Publications. This book was released on 2004 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Electricity, natural gas, telecommunications, railways, and water supply, are often vertically and horizontally integrated state monopolies. This results in weak services, especially in developing and transition economies, and for poor people. Common problems include low productivity, high costs, bad quality, insufficient revenue, and investment shortfalls. Many countries over the past two decades have restructured, privatized and regulated their infrastructure. This report identifies the challenges involved in this massive policy redirection. It also assesses the outcomes of these changes, as well as their distributional consequences for poor households and other disadvantaged groups. It recommends directions for future reforms and research to improve infrastructure performance, identifying pricing policies that strike a balance between economic efficiency and social equity, suggesting rules governing access to bottleneck infrastructure facilities, and proposing ways to increase poor people's access to these crucial services.
Download or read book Marine Mammals Ashore written by Joseph R. Geraci and published by National Aquarium in Baltimore. This book was released on 2005 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive manual for understanding and carrying out marine mammal rescue activities for stranded seals, manatees, dolphins, whales, or sea otters.
Download or read book Higher Education Opportunity Act written by United States and published by . This book was released on 2008 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Business Bankruptcy written by Elizabeth Warren and published by . This book was released on 1993 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Design and Implementation of Health Information Systems written by World Health Organization Staff and published by . This book was released on 2000 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a practical guide to the design and implementation of health information systems in developing countries. Noting that most existing systems fail to deliver timely, reliable, and relevant information, the book responds to the urgent need to restructure systems and make them work as both a resource for routine decisions and a powerful tool for improving health services. With this need in mind, the authors draw on their extensive personal experiences to map out strategies, pinpoint common pitfalls, and guide readers through a host of conceptual and technical options. Information needs at all levels - from patient care to management of the national health system - are considered in this comprehensive guide. Recommended lines of action are specific to conditions seen in government-managed health systems in the developing world. In view of common constraints on time and resources, the book concentrates on strategies that do not require large resources, highly trained staff, or complex equipment. Throughout the book, case studies and numerous practical examples are used to explore problems and illustrate solutions. Details range from a list of weaknesses that plague most existing systems, through advice on when to introduce computers and how to choose appropriate software and hardware, to the hotly debated question of whether patient records should be kept by the patient or filed at the health unit. The book has fourteen chapters presented in four parts. Chapters in the first part, on information for decision-making, explain the potential role of health information as a managerial tool, consider the reasons why this potential is rarely realized, and propose general approaches for reform which have proved successful in several developing countries. Presentation of a six-step procedure for restructuring information systems, closely linked to an organizational model of health services, is followed by a practical discussion of the decision-making process. Reasons for the failure of most health information to influence decisions are also critically assessed. Against this background, the second and most extensive part provides a step-by-step guide to the restructuring of information systems aimed at improving the quality and relevance of data and ensuring their better use in planning and management. Steps covered include the identification of information needs and indicators, assessment of the existing system, and the collection of both routine and non-routine data using recommended procedures and instruments. Chapters also offer advice on procedures for data transmission and processing, and discuss the requirements of systems designed to collect population-based community information. Resource needs and technical tools are addressed in part three. A comprehensive overview of the resource base - from staff and training to the purchase and maintenance of equipment - is followed by chapters offering advice on the introduction of computerized systems in developing countries, and explaining the many applications of geographic information systems. Practical advice on how to restructure a health information system is provided in the final part, which considers how different interest groups can influence the design and implementation of a new system, and proposes various design options for overcoming specific problems. Experiences from several developing countries are used to illustrate strategies and designs in terms of those almost certain to fail and those that have the greatest chances of success
Download or read book Case Studies of Mass Tort Limited Fund Class Action Settlements Bankruptcy Reorganizations written by S. Elizabeth Gibson and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book As We Forgive Our Debtors written by Teresa A. Sullivan and published by Beard Books. This book was released on 1999 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bankruptcy in America is a booming business, with hundreds of thousands of ordinary Americans filing for bankruptcy each year. Is this dramatic growth a result of mushrooming debt or does it reflect a moral decline that permits the middle class to evade their debts? As We Forgive Our Debtors addresses these questions with hard empirical data drawn from bankruptcy court filings. The authors of this multidisciplinary study describe the law and the statistics in clear, nontechnical language, combining a thorough statistical description of the social and economic position of consumer bankrupts with human portraits of the debtors and creditors whose journeys have ended in bankruptcy court. Book jacket.
