Concerns Remain about Consistent and Fair Implementation WASHINGTON — Today, the U.S. Departments of Education and Justice announced new guidance for when the government should allow a student loan borrower who has filed bankruptcy to be relieved of a federal student loan debt. These guidelines aim to enhance consistency and ensure greater equity in the…
Comments to the U.S. Department of Education on Evaluating Undue Hardship Claims in Adversary Actions Seeking Student Loan Discharge in Bankruptcy Proceedings
The National Consumer Law Center, on behalf of its low-income clients, submitted the following comments in response to the Department of Education’s request for information on evaluating undue hardship claims in bankruptcy. We thank the Department for this opportunity, and we are hopeful that the Department will develop helpful guidance on the appropriate factors to…
This article describes how bankruptcy can help consumers, and when it may be the wrong solution. It also describes the difference between chapter 7 and 13 bankruptcies, the best time to file for bankruptcy, and what a bankruptcy will cost. The article also corrects common misconceptions about bankruptcy.
This chart provides a summary of the bankruptcy provisions in the CARES Act and Consolidated appropriations Act. To help attorneys deal with the different dates when these temporary provisions expire, the chart lists the provisions by sunset date. Each provision is accompanied by the Public Law and United States Code cites, and links for more…
Testimony of NCLC Attorney John Rao at the U.S. House Judiciary Subcommittee Hearing on “Oversight of Bankruptcy Law and Legislative Proposals”
This testimony’s focus is on the discharge of student loans in bankruptcy
NCLC Comments to the Advisory Committee on Bankruptcy Rules Concerning Proposed Changes to the Mortgage Claim Rule
The National Consumer Law Center,1 on behalf of its low-income clients, submits these comments to the proposed amendments to Bankruptcy Rule 3002.1 and new Official Forms.