Degrees of Freedom: Proposals for Student Loan Dischargeability

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Degrees of Freedom: Proposals for Student Loan Dischargeability

September 28, 2021

Sponsored by ABI's Consumer Bankruptcy Committee

It is commonly understood that student loans are nearly impossible to discharge in bankruptcy. The standard has become mythical — akin to a “certainty of hopelessness.” Are the Brunner and totality-of-the-circumstances tests realistic standards? If not, what should legislators consider as an alternative? Will successful litigation break the mythical standard, and what could that look like? The prevalence of these cases is increasing every day, as courts are asked more often to evaluate the appropriateness of, and apply, these impossible standards. Simultaneously, the total amount of U.S. student loan debt continues to accelerate toward $2 trillion. Join ABI’s Consumer Committee as two consumer bankruptcy experts, Ed Boltz and Ray Hendren, debate what can — and should — come next.

Tuesday, September 28, 2021

12:30 - 1:45 PM EDT

This webinar is free to attend, and CLE is available to members in qualifying states.*

Karlene Archer,

Legal Aid Society
of Mid-New York
Syracuse, NY

Edward C. Boltz
Law Offices of
John T. Orcutt, P.C.
Durham, NC

Ray Hendren
Chapter 13 Trustee
Austin, TX

* 1.0 hour of general CLE credit is available in the following pre-approved 60-minute-hour states (1.8 hours in 50-minute-hour states): AK, AL, AR, CA, DE, GA, IL, MO, NJ, PA, SC, TN, TX, VT, WI and WV. These states follow an approved-jurisdiction policy: AZ, CO, CT, NH and NY. ABI will submit attendance to DE, IL, NV, PA, TN and TX. Attendees from Illinois claiming credit more than 30 days after an event will be charged the $25 Illinois late-credit claim fee that went into effect on Jan. 1, 2020. For those jurisdictions not listed, ABI will not seek direct accreditation; attorneys will need to self-submit. Some states might not allow self-submission. ABI will issue certificates for attorneys to self-submit for approval. ABI charges an administrative fee of $5 for Members and $25 for non-members upon requesting CLE credit for this program. Further details will be provided the day of the event.