Student Loan Sinkhole?
PBS special that documents the terrible pain large student loans are placing on millions of Americans.
The Law of Reopening: Revisited by Alexander L. Edgar
Concise legal review of the legal right to reopen a bankruptcy.
Clinton Takes on Student Loan Industry (New York Times, June, 29, 2009)
Senator Hillary Rodham Clinton has proposed legislation returning the dischargeability of student loans through bankruptcy to their 1998 status as unsecured debt.
Default: The Student Loan Documentary (2009, still in production)
Auroora Meneghello, Director/Writer; Serge Bakalian, Producer/Writer.
Cathy Coleman vs. Educational Credit Management Corporation
(No. 06-16477, 2009)
The Ninth Circuit Court found that Coleman’s student loans could be discharged by the court during a Chapter 13 plan by filing an adversary proceeding. This has been appealed to the U.S. Supreme Court.
Espinosa v. United Student Aid Funds
(In re Espinosa), ---- F. 3d ----, 2008 WL 4426634 (9th Cir. October 2008)
During Espinosa’s Chapter 13 bankruptcy, she listed her student loans as part of the bankruptcy plan, the creditors were notified and did not object. Once the plan was completed, the judge discharged her loans without her having filed an adversary proceeding. Three years later, the creditor complained that they were not notified correctly as required for the adversary proceeding. The court upheld their right to discharge the loans since sufficient notice had been given the creditor.
Legislation introduced by Senator Hillary Clinton (110 S. 511), the Student Borrower Bill of Rights Act of 2007, would restore the pre-1998 language which allowed for a discharge of education loans after seven years in repayment.
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