Successful discharge of Student Loans in Bankruptcy

The review about this product

These books should include a reference to the many sucessful discharges of student loan debt in bankruptcy:

1. Michael Eric HEDLUND v. The Educational Resources Institute Inc. et al., case number 12-35258, in the U.S. Court of Appeals for the Ninth Circuit (May 22, 2013);

2. In re Robert Jacob SCOTT and Sarah Jane Scott, Debtors. Robert Jacob Scott and Sarah Jane Scott, Plaintiffs v. U.S. Department of Education; Educap, Inc., The Education Resources Institute (TERI), et. al, Defendants. Bankruptcy No. 07-14317. Adversary No. 07-01367. United States Bankruptcy Court, W.D. Washington, at Seattle. September 25, 2009;

3. Christian D. MENDOZA, Chapter 7, Debtor. Christian D. Mendoza, Plaintiff,
Educational Credit Management Corporation; Hemar Insurance Corporation of America, Defendants. Case No.-01-53238-MM. Adversary No. 01-5283. United States Bankruptcy Court, N.D. California. June 20, 2007; and

4. In re Lorna Kaye NYS, Debtor, Educational Credit Management Corporation, Appellant, v. Lorna Kaye Nys, Appellee. No. 04-16007. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 15, 2006. Filed April 26, 2006. 446 F.3d 938.

The Hedlund 2013 case is huge, it clearly expands the law in favor of student loan debtors who reside in the nine western states. Both Hedlund and Scott were in their 30s, healthy and employed and they successfully discharged most of their student loan debt in bankruptcy.

You might also include the prospective of the excellent book Bankrupt Your Student Loans and Other Discharge Strategies, 2nd Edition (2006), by Chuck Stewart, Ph.D., publisher Stewart Education Services. This book makes the case that the Department of Education will significantly reduce a debtor's student loan debt, in an out of court settlement, if the matter is brought to bankruptcy court. Dr. Stewart's own case can be found at California Central Bankruptcy Court case LA04-19681ER, filed August 2004.

You might also consider mentioning the following recent law review article and its findings An Empirical Assessment of Student Loan discharges and the Undue Hardship Standard, by Jason Iuliano, Ph.D., September 25, 2012, American Bankruptcy Law Journal, page 495 Vol. 86.
Dr. Iuliano's law review article is nicely summarized by the article by Steve Rhode, published in the Huffington Post on January 7, 2013. 4 Out of 10 Actually Were Able to Discharge Student Loans in Bankruptcy -- But Most Never Try.