Student Loans In Bankruptcy Workshop

Student Loans in Bankruptcy Workshop

It has been discussed at conventions, workshops, 341 meetings and around the water cooler, there is no debt rising faster on Americans than Student Loan Debt. 40 million people across the United States have monumental student debt as reported by CNN. In fact, student loans have increased by 84% since the recession (from 2008 to 2014) and are the only type of consumer debt not decreasing. The current student debt amount is rising at a rate of $3055.19 per second.

Although bankruptcy has rarely been an option for these debts, “the times are a changing!” From evaluating non-bankruptcy options, to litigating undue hardship, to dealing with private student loans, to making use of Chapter 13 relief, and perhaps the most important issue to a consumer bankruptcy attorney outside of helping your client, identifying ways to be compensated for your services, this two-day intense virtual workshop will cover it all.

Where will this workshop take place? Anywhere! Led by Consumer Bankruptcy Attorney & Student Loan Experts, the 2nd Annual NACBA Virtual Fall Workshop will allow attendees to participate from their office, home, or on the go (just not while you are driving).  Attendees will also be treated to an exclusive “Welcome & brief Washington Update” provided by United States Senator Elizabeth Warren (D-MA).

In addition to Senator Warren, sessions will include instruction from the following:

Day 1: October 22, 2015

Welcome & Washington Update – United States Senator Elizabeth Warren (D-MA)

1.  Coverage of Section 523(a)(8) – 30 min (Joshua Cohen and John Rao)

  • Tuition debt vs. loan
  • Application of sub part (A)(ii) to “educational benefit”
    i.    Co-borrowers as creditors
  • Private student loan as a “qualified education loan”

2.  Private Student Loans  – 30 min (Joshua Cohen and John Rao)

  • Objections to claims
  • Statute of limitations issues (waiver of the stay, etc.).
  • Dealing with ipso facto clauses
    i.    Co-debtor stay in chapter 13
    ii.   Third-party plan injunction

3.  Undue Hardship – 90 min. (Erik Heath, Rich Parker and John Rao)

  • Case evaluation under undue hardship tests (Brunner and Totality of the Circumstances)
    i.    “Minimal” standard of living
    ii.   Persistence of hardship
    – Realistic expectations vs. “certainty of hopelessness”
    iii.  Good faith efforts
    – Impact of income based repayment plans
  • Filing the adversary proceeding
    i.    Pleading requirements
    ii.   Naming the proper defendants
    iii.  Seeking complete or partial discharge?
  • Proving undue hardship at trial
    i.    Burden of proof
    ii.   Rules of evidence to consider
    iii.  Expert testimony?

4.  Misc. Other – 15 min

  • Clawbacks of parent paid tuition

* Each session will allow for additional 10-15 minutes for Questions & Answers

Day 2: October 23, 2015

5.  Non-bankruptcy Options Overview – 90 min  (Randall Rider, Adam Minsky and Ed Boltz)

  • Administrative discharge options
  • Income based repayment plans
  • Income tax implications

6.  Obtaining Non-bankruptcy Relief in Chapter 13 – 60 min  (Ed Boltz and Lewis Roberts)

  • Applying for administrative repayment plans while in chapter 13
  • Curing defaults and/or maintaining payments on prepetition administrative repayment plans
  • Review of sample plan provisions/confirmation order

7.  Chapter 13 Treatment – 60 min (Richard Nemeth)

  • Separate classification
    i.    When is discrimination fair?
    ii.   Making use of 1322(b)(5) cure and maintain
    – Does section 1322(b)(10) apply?
    iii.  Chapter 20?
  • Projected income and means test issues
    i.    Use of “discretionary income” to pay student loans
    ii.   Student loan payments as “special circumstances”

* Each session will allow for additional 10-15 minutes for Questions & Answers


Technology Minimum System Requirements

  • Your computer should have a 500 MHz or higher processor and at least 128 mb of RAM
  • A connection to the Internet of at least 700 kbps is highly recommended, and most people now have connections at that speed or faster. Check your speed now (or go to
  • Any course materials will be delivered in PDF format. You will need a recent version of Adobe Reader. Free Download here:
  • Tablets and iOS devices will need a web browser and a high speed wi-fi connection. Our video is encoded HTML5 compliant x264 format which will play on any contemporary device with sufficient bandwidth.
  • You will also need a sound card and speakers, and a current web browser
  • You will receive a confirmation and instructions to view the virtual Fall Workshop via email upon registration.

Refund Policy

Once purchased, webinars cannot be refunded.

In most cases, potential issues can be avoided by testing your computer ahead of time. You can test your computer to make sure it is good-to-go at

Prior to purchasing a Webinar please visit the Citrix GoToWebinar support page at Most technical glitches can be traced to your company’s firewalls, security settings, or other network issues. The NACBA Staff is available to assist you in addressing these technical issues before the day of the webinar.

If technical failure at the purchaser’s home or workplace prevents access to the live webinar, the purchaser will be given access to a recording with all related documents/materials.

If the technical failure is the fault of our service provider and the event does not go on as planned, you will be given access to the webinar recording with all related documents/materials and given a credit to attend a future webinar.