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Discharging Student Loan Debt: The Brunner Test

ABI

Generally, student loan debt will not be discharged in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of “undue hardship on the debtor and debtor’s dependents.” 3] Between 2010 to 2017, her average annual wages totaled approximately $63,000.” [4] 1] In Hull v. 2d 395 (2d Cir.

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Students Must Show Persistent Financial Difficulties to Discharge Student Loans

ABI

In general, student loan debt is not dischargeable in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of undue hardship. A court will typically consider a debtor’s potential for future employment in determining whether student loan debt may be discharged.

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District Court Rejects the Narrowing of § 546(e) “Safe Harbor” Provision and Applies Safe Harbor to Privately Held Securities

ABI

1] The safe harbor rule set out in Section 546(e) of Title 11 of the United States Code (the “Bankruptcy Code”) provides, in part, that a trustee may not avoid a transfer made before the commencement of the case in connection with a securities contract, as defined in Section 741(7), made by, to, or for the benefit of a financial institution. [2]

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The Rights of a Prepetition Lien Holder Against Postpetition Proceeds from a Sale of Real Property

ABI

In evaluating the Texas Business & Commerce Code and title 11 of the United States Code (the “Bankruptcy Code”), the United States Bankruptcy Court for the Southern District of Texas, in In Re Burts Construction, Inc., In 2017, Allegiance Bank loaned Burts Construction, Inc. the “Debtor”) $1.5 2023) [2] Id. [3] Code Ann. §

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Supreme Court says Congress must expand debt collection law

Roths Child Law

Supreme Court unanimously ruled in 2017. Tennessee residents may have heard about the case, which involved a class action filed by several people who defaulted on car loans. More than $11 billion in consumer debt is subject to debt collection every year in the United States. Debt collectors commonly accused of violations.

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Debtor Allowed to Make Voluntary Contributions to Retirement Fund While Repaying Creditors

ABI

1] Following the filing of her petition for relief under Chapter 13 of title 11 of the United States Code (the “Bankruptcy Code”), Marlena Pizzo proposed a bankruptcy plan that would allow her to continue making contributions to her retirement plan, thereby resulting in unsecured creditors receiving less than 100% of their claims.

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DOJ Reaches Largest Ever Redlining Settlement with Los Angeles-based Bank

Troutman Sanders

In the complaint , which was filed in the district court for the Central District of California on January 12, 2023, the DOJ alleged that from 2017 through 2020, the bank “avoided” providing mortgage lending services to majority-Black and Hispanic neighborhoods in Los Angeles County. Spend at least $1.75 Spend at least $1.75

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