H.R. 4635, the "Clean Slate through Repayment Act of 2023"
To amend the Higher Education Act of 1965 to remove the record of default on a loan made, insured, or guaranteed under title IV from a borrower’s credit history upon repayment of the full amount due on such loan.
H.R. 4742, the "Pay Back Act"
To prohibit the Secretary of Education, the Secretary of the Treasury, and the Attorney General from cancelling student loans, or changing any other terms or conditions on such loans, except as expressly authorized by an Act of Congress enacted after the date of enactment of this Act.
H.R. 4784, the "Private Loan Disability Discharge Act of 2023"
To provide for the discharge of a private education loan in the case of death or total and permanent disability of a student obligor, and for other purposes.
Early Edition with Bill Rochelle
Ninth Circuit Bankruptcy Judges Disagree on Allowing Emotional Distress Damages
One day apart, bankruptcy judges in the Ninth Circuit disagreed on emotional distress damages for violations of the discharge injunction.
Court:
Deion Sanders' Son Shilo Facing Legal Challenges After Filing for Bankruptcy
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Collecting a Student Loan Can (Sometimes) Violate the Discharge Injunction, BAP Says
The Ninth Circuit BAP holds that nondischargeability of student loans in Section 523(a)(8) isn’t ‘self-executing.’
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Big Stuff on Chapter 11 from the Second Circuit and Elsewhere
Benchnotes June 2024
Journal Issue:
Another Court Holds that PACA Trusts Do Not Give Rise to Nondischargeable Debts
Violating a PACA trust does not result in ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable, Bankruptcy Judge Panos says, taking sides with the Eleventh Circuit.
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