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Continuing Legal Education

One of the partners at Doyaga & Schaefer, David Doyaga, teaches a Continuing Legal Education (CLE) course every year at the Brooklyn Bar Association. The topics lectured on range from bankruptcy basics to recent developments in bankruptcy law. This year some hot topics included some interesting developments about some possible imminent changes to discharging student loans in bankruptcy.

The Federal Reserve Bank of New York reported that the total outstanding student loan debt in the United States on 2012 totaled $902 billion. Student loan debt is extremely common and can become incredibly burdensome. Typically student loans cannot be discharged and Debtors that try to often fail to meet the legal test (called the Brunner test) for undue hardship. Historically, this test has been nearly impossible to meet. There has been some movement among the circuit courts away from strict adherence to the Brunner test, namely in the 7th Circuit and the 9th Circuit but there is still a long way to go before a Debtor can discharge student loan debt in full and without meeting the high burden of the Brunner test.  

 

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