On Demand

Examining the Discharge of Private Student Debt in Bankruptcy


Created on November 02, 2021





Earlier this year, the U.S. Court of Appeals for the Second Circuit ruled that a student loan borrower could discharge his private student loans in bankruptcy, following an adversary proceeding. Rather than proving undue hardship, the borrower was able to prove that the private loans at issue did not constitute an "educational benefit" within the meaning of the Bankruptcy Code. 

This program, taught by student debt expert Natalie Jean-Baptiste, will discuss the steps necessary to bring an adversary proceeding seeking discharge of private student debt. You will learn how to identify certain private loans that can be discharged easily without having to demonstrate undue hardship, so you can assist borrowers burdened with private student debt. This program will benefit consumer bankruptcy and debt relief, attorneys. 

Learning Objectives: 

  1. Review how student loan debt is treated in bankruptcy

  2. Distinguish private student debt from federal student loans 

  3. Gain a practical understanding of filing an adversary proceeding

  4. Identify "qualified education loans" and determine when loans made by private lenders are dischargeable

  5. Strategize private student loan debt in bankruptcy

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