January, 2022

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Second Circuit Disallows Private Educational Loans from Discharge Under 11 U.S.C. § 523(a)(8)(ii)

ABI

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] 1] Homaidan funded his college education, in part, with two private tuition loans from Navient that totaled $12,567. [2]

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Debtors do not have the Burden to Prove Section 523(a)(8) applies to their Loans

ABI

4] Thereafter, Debtor filed a complaint against the United States Department of Education and Navient Solutions, Inc. Section 523 of Title 11 of the United States Code (the “Bankruptcy Code”) generally provides that a student loan cannot be discharged unless it would impose “undue hardship” on the debtor. [1] 13].

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Top 5 Debt Collection and Recovery Posts of 2021

Fico Collections

Our most popular posts in this category last year dealt with valuable disciplines, collections predictions, multi-channel vs. omnichannel communications, collections optimization and digital-first collections approaches for the COVID-19 period. That said, at some point next year one would expect Student Loan collections will resume.