The Crazy-Season for Student Loans is Nearly Here . . . Again!

By Donald L. Swanson The crazy-season is when millions of people incur easily-obtained student loans they can’t afford, for another semester of college.  That time is nearly here, again, as a new school semester begins after the turn of the year. An even-crazier part is this: the U.S. Government guarantees payment of those unaffordable loans—which is... Continue Reading →

The Haven Act: A Great Law That Exposes A Really-Bad Bankruptcy Policy

By: Donald L. Swanson The Haven Act is short for: “Honoring American Veterans in Extreme Need Act of 2019.”  It is a newly-enacted law of the land. The Haven Act does a great and valuable thing for many of our military veterans: it allows middle class veterans to file Chapter 7 bankruptcy, instead of being stuck for... Continue Reading →

Student Loan Crisis: High-Price Colleges Support Beautiful Campuses (and Other Luxuries) on the Backs of their Students

By:  Donald L. Swanson “Back when I was in school . . .” This is a tired-old phrase, usually followed by tales of hardship. The Olden Days But here’s an opposite twist: Back when I was in college (during the 1970s), you could actually pay your way through, with little-to-no debt, by working part-time jobs... Continue Reading →

Congress Decided to Punish Consumer Debtors and Failed Entrepreneurs in BAPCPA — This is Terrible Policy!

By: Donald L. Swanson U.S. politicians love to talk about helping poor people—unless, that is, the poor owe money that can’t be repaid. U.S. politicians also love to talk about helping small businesses and entrepreneurs—unless, that is, the small business or entrepreneur owes money that can’t be repaid. When uncollectible debts are involved, politicians turn surly... Continue Reading →

A Study on Effects of “Apology” on Plan Confirmation in Consumer Bankruptcies

By: Donald L. Swanson “Using a sample of U.S. bankruptcy judges,” this study “asks whether a bankrupt consumer improves her situation by apologizing for breaching her promises.” From a 2013 “Bankruptcy Apologies“ study by two professors from the University of Illinois College of Law [Fn. 1]. An “apology” can be a factor (often a decisive one)... Continue Reading →

“Undue Hardship” Discharge — The Top Priority for Student Loan Solutions

By:  Donald L. Swanson The student loan crisis and potential legislation to solve it are in the news these days.  Lots of ideas are bandied about on what legislation might look like. Top Priority There is a top priority for such legislation that dwarfs all others.  The number one priority, bar none (and it’s not... Continue Reading →

Student Loans: The Modern-Day Debtor’s Prison (A “Certainty of Hopelessness” Standard for Discharge?!) and a Tax Glitch

By: Donald L Swanson A student loan cannot be discharged in bankruptcy, unless the loan “would impose an undue hardship on the debtor and the debtor’s dependents.” --11 U.S.C. § 523(a)(8) So, what qualifies as “undue hardship” under § 523(a)(8)? --You might think that an, “I can’t pay both rent and child care, let alone student... Continue Reading →

U.S. Supreme Court: Stale Claims, Attorneys and Trustees in Chapter 13 & Dissent’s Call for Congress to Overrule (Midland Funding v. Johnson)

By Donald L. Swanson The case is Midland Funding, LLC v. Johnson, Supreme Court Case No. 16-348 (decided May 15, 2017).   It’s about creditors filing proofs of stale claims (i.e., claims barred by statute of limitations) in Chapter 13 cases. The Facts Aleida Johnson files Chapter 13 bankruptcy.  Then, Midland files a proof of claim... Continue Reading →

Student Loan Crisis: High-Priced Colleges Support Beautiful Campuses (and Other Luxuries) on the Backs of their Students

By:  Donald L. Swanson “Back when I was in school . . .” This is a tired-old phrase, usually followed by tales of hardship. The Olden Days But here’s an opposite twist:  Back when I was in college (during the 1970s), you could actually pay your way through, with little-to-no debt, by working part-time jobs... Continue Reading →

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