Troutman Sanders

JULY 19, 2021

Court of Appeals for the Second Circuit ruled that private student loans are not explicitly exempt from a debtor’s Chapter 7 bankruptcy discharge. The district court disagreed, finding the text and structure of both Sections 523(a)(8) and § 523(a)(8)(A)(ii) exempt from discharge a far narrower category of debt. On July 15, the U.S.

Student loans 52

Student loans Student Loans Chapter 7 bankruptcy Bankruptcy 52

PBWT

JULY 15, 2020

Transferees in the last category are known as subsequent transferees.) The Tenth Circuit addressed this question in its recent decision in Rajala v. The Tenth Circuit held that, to qualify as a “transferee” under section 550, a party must have received the actual “property transferred.”

Law Firms 52

Law Firms Bankruptcy Judgment Construction 52

ABI

JANUARY 13, 2022

Sallie Mae , the United States Court of Appeals for the Second Circuit held that private educational loans may be discharged under § 523(a)(8)(ii) of title 11 of the United States Code (the “Bankruptcy Code”). [1] 6] The district court thereafter certified the bankruptcy court’s order for direct appeal to the Second Circuit for review. [7].

Education 40

Education Loans Student loans Student Loans 40

ABI

JANUARY 13, 2022

11] Such authority included a Pennsylvania bankruptcy court’s decision where it found that “cases interpreting §523(a)(8) have held that the initial burden is on the lender to establish the existence of the debt and to demonstrate that the debt is included in one of the four categories enumerated in §523(a)(8).” [12] 13].

Debtor 40

Debtor Loans Student loans Student Loans 40