The current state of bankruptcy law concerning chapter 13 educational expense deductions from a debtor\u27s disposable income is cloudy at best. The vague guidelines provided by the drafters of the Bankruptcy Code have created a system where this issue is analyzed on a case-by-case basis. Bankruptcy judges possess great discretion in deciding whether a particular tuition deduction is reasonably necessary, as required by 11 U.S.C. § 1325(b)(2), creating inconsistent decisions across jurisdictions. BAPCPA created even more chaos in this context, as it split debtors into two groups depending on their income and forced judges to use the new means test to evaluate certain debtors\u27 tuition claims
(Excerpt) Bankruptcy law interacts with education law in a number of respects. A bankrupt educationa...
In an effort to stem perceived abuses of the bankruptcy system, Congress adopted a rule in 1976 that...
For years, the deductibility of educational expenses was a contentious area of tax law. However, ov...
The current state of bankruptcy law concerning chapter 13 educational expense deductions from a debt...
Individual debtors who file for Chapter 7 bankruptcy can discharge most of their pre-petition debts ...
A new phenomenon has developed in recent bankruptcy proceedings in which trustees are “clawing back”...
(Excerpt) Section 523 of the Bankruptcy Code sets forth debts that are not dischargeable. Among the ...
Every year in the U.S., millions of students use public and private student loans to finance a porti...
In the Bankruptcy Reform Act of 19781 Congress sought to accomplish many goals, some of which appear...
An increasing number of Americans are suffering from financial distress caused by educational debt. ...
This paper examines the effects of debtor savings on the viability of chapter 13 bankruptcy plans. T...
(Excerpt) Section 523 of title 11 of the United States Code (the “Bankruptcy Code”) prevents former ...
In fiscal year 2002, approximately 5.8 million Americans borrowed $38 billion (USD) in federal stude...
The resolution of bankruptcy litigation involving individuals under the governmental student loan pr...
(Excepr) As a general matter, most student loans are excepted from discharge under section 523 of ti...
(Excerpt) Bankruptcy law interacts with education law in a number of respects. A bankrupt educationa...
In an effort to stem perceived abuses of the bankruptcy system, Congress adopted a rule in 1976 that...
For years, the deductibility of educational expenses was a contentious area of tax law. However, ov...
The current state of bankruptcy law concerning chapter 13 educational expense deductions from a debt...
Individual debtors who file for Chapter 7 bankruptcy can discharge most of their pre-petition debts ...
A new phenomenon has developed in recent bankruptcy proceedings in which trustees are “clawing back”...
(Excerpt) Section 523 of the Bankruptcy Code sets forth debts that are not dischargeable. Among the ...
Every year in the U.S., millions of students use public and private student loans to finance a porti...
In the Bankruptcy Reform Act of 19781 Congress sought to accomplish many goals, some of which appear...
An increasing number of Americans are suffering from financial distress caused by educational debt. ...
This paper examines the effects of debtor savings on the viability of chapter 13 bankruptcy plans. T...
(Excerpt) Section 523 of title 11 of the United States Code (the “Bankruptcy Code”) prevents former ...
In fiscal year 2002, approximately 5.8 million Americans borrowed $38 billion (USD) in federal stude...
The resolution of bankruptcy litigation involving individuals under the governmental student loan pr...
(Excepr) As a general matter, most student loans are excepted from discharge under section 523 of ti...
(Excerpt) Bankruptcy law interacts with education law in a number of respects. A bankrupt educationa...
In an effort to stem perceived abuses of the bankruptcy system, Congress adopted a rule in 1976 that...
For years, the deductibility of educational expenses was a contentious area of tax law. However, ov...