Articles Posted in STUDENT LOANS

Recently, a higher court held that a private student loan from a non-accredited school was discharged in bankruptcy. There are several types of education loans that may be non-dischargeable in bankruptcy. The case was in re Crocker, in the United States Fifth Circuit Court of Appeals. One type of loan that may be excepted from…

Background Until now it has been extremely difficult to get rid of student loans in bankruptcy for most debtors. In most cases the debtor in bankruptcy must prove “undue hardship” on the debtor or the debtor’s dependents in the event the debt is not discharged. Most courts rely on the Brunner test to interpret undue…