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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] as provided by section 523(a)(8). [1]

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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

(“BMO”) provided a bridge loan (“the Bridge Loan”) to Intermediate Holding. [6] 6] Sun Capital either guaranteed the Bridge Loan or was otherwise obligated to ensure that the Bridge Loan was repaid ("the Sun Capital Guaranty"). [7] 8] BWGS paid the vast majority of the loan by transferring its own property worth $24.8

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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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CFPB Files Complaint Against Online Lender Alleging MLA Violations

Collection Industry News

The Bureau further alleges that servicemembers became “trapped” in MoneyLion’s membership program after taking out their loans, and were unable to cancel their membership – which required the payment of monthly fees – without first paying off their loans. 10 U.S.C. § 987(b), (c), (e)(3); 32 C.F.R. §§ 232.4(b), 987(e)(3) and 32 C.F.R.

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

ABI

In 2017, Allegiance Bank loaned Burts Construction, Inc. The loan was secured by a lien on “all assets of the debtor, including all accounts.” [1] 12] The court distinguished the current case from Nittolo and applied Section 552(a) of the Bankruptcy Code. [13] the “Debtor”) $1.5 2023) [2] Id. [3] Code Ann. § Ass'n, Inc.,

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Eleventh Circuit Takes on Mortgage Servicing Rules

Consumer Financial Services Law

In a brief opinion, the Eleventh Circuit recently examined Regulation X’s requirement that a loan servicer provide a written response acknowledging receipt of a written request for information (“RFI”) pursuant to 12 C.F.R. Ocwen Loan Servicing , 2017 U.S. In Meeks v. LEXIS 3677 (11th Cir. LEXIS 3677 (11th Cir.

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