Treatment of Student Loans in Bankruptcy
Legal Learning Webinar
Join attorneys John Sperati and Landon G. Van Winkle of Smith Debnam Narron Drake Saintsing & Myers, LLP to explore the sometimes complex issues presented when a borrower with student loans files for bankruptcy. This webinar will feature an in-depth analysis of the provisions of 11 U.S.C. § 523(a)(8), which generally makes student loans presumptively non-dischargeable in bankruptcy, with an analysis of what constitutes a “qualified education loan” under the Internal Revenue Code, what other types of loans fall within the ambit of § 523(a)(8), and issues with certain loans that may appear to be student loans but which do not meet the requirements of § 523(a)(8). The presenters will explain the Brunner test that most bankruptcy courts apply to student loan discharge issues, as well as the caselaw that has developed since Brunner was decided nearly thirty years ago, including the relaxation of Brunner’s articulation of the “undue hardship” standard. Finally, this webinar will examine the various new income-driven repayment options provided for federal student loan borrowers, and how the advent of these new repayment options has forced bankruptcy courts to revisit the Brunner standard in light of payment plans that potentially require student loan debtors to pay $0 per month on their student loans.
CLE Information
National Creditors Bar Association is a national provider of legal educational content. NCBA’s goal is to provide its members with as many opportunities as possible to earn Continuing Legal Education (CLE) credits. Some NCBA webinars state that they are pending approval. If a webinar is pending approval, it means that NCBA’s education staff is awaiting confirmation of approval for CLE credit from the accrediting body of a particular state; it should be noted that individual states have different response and approval rates. NCBA expects that the course will be approved for the credit amount and type listed, but approval is not guaranteed. An attorney can still take the course at their own discretion, though.
It is not uncommon for a course which is pending approval to not be approved until after the webinar has taken place. Once an official decision notice arrives from the state, NCBA will notify attorneys who have completed the course as soon as possible via email, and will re-issue any certificates of completion to reflect the updated state reporting numbers. However, it is recommended that attorneys do not view webinars that are pending approval close to their CLE deadline, as NCBA cannot guarantee that a course will be approved in time.
National Creditors Bar Association will seek MCLE accreditation, with the assistance of the ABA MCLE, for this webinar. NCBA will seek General CLE credit hours in 60-minute-hour states, and in 50-minute states, subject to each state’s approval and credit rounding rules. States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. A link for CLE requests will be provided to webinar attendees who have met the attendance and engagement requirements.