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TABLE OF CONTENTS
Jurisdiction | United States |
TABLE OF CONTENTS
Introduction..........................................................................1
Chapter 1: Student Loans and Student Loan Debt..............................5
A. Student Loan Debt and Delinquency....................................................5
B. Types of Loans....................................................................................13
1. Federal Student Loan Programs.............................................................13
2. Private Loans..........................................................................................17
C. Federal Loan Repayment....................................................................19
D. Deferment and Forbearance................................................................23
E. Loan Rehabilitation and Compromise and Settlement........................23
Chapter 2: Section 523(A)(8): Treatment of Educational Debt under the Bankruptcy Code..............................................33
A. The Development of the Current Statute.............................................34
B. The Current Statute.............................................................................35
1. Obligations Within the Operation of § 523(a)(8)....................................36
2. Creditors Within the Protection of § 523(a)(8).......................................55
C. Policy Arguments Supporting the Nondischargeability of Student Loan Debt........................................................................57
Chapter 3: Undue Hardship...................................................................61
A. The Majority Test: Brunner v. New York State Higher Education
Services Corp......................................................................................61
1. Brunner's First Prong.............................................................................62
2. Brunner's Second Prong..........................................................................64
3. Brunner's Third Prong............................................................................68
4. Critique of Brunner.................................................................................70
B. The Totality of the Circumstances Test: Eighth Circuit and Courts in the First Circuit............................................................71
C. Partial Discharge.................................................................................73
Chapter 4: Special Issues in Chapter 13...
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Request your trial- American Bankruptcy Institute
- Graduating with Debt: Student Loans under the Bankruptcy Code
- Front Matter
- ABOUT THE AUTHORS
- ABOUT THE EDITOR
- ACKNOWLED GMENTS
- TABLE OF CONTENTS
- Introduction
- Chapter 1 Student Loans and Student Loan Debt
- Chapter 2 Section 523(A)(8): Treatment of Educational Debt under the Bankruptcy Code
- Chapter 3 Undue Hardship
- Chapter 4 Special Issues in Cases
- Chapter 5 A Practice Guide to Student Loan Litigation in Bankruptcy Court
- Chapter 6 Future Outlook
- Appendices
- Appendix A Motion to Reopen
- Appendix B Pleadings
- Appendix C Discovery
- Appendix D Motion for Summary Judgment
- Appendix E Trial
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