Tag Archives: Loan

Don’t plan on student loan forgiveness, law students

Just over ten years ago I started law school.  My legal education cost a great deal more than my undergraduate schooling, but I didn’t really worry because I was certain that my federal loans would be forgiven.  I had no … Continue reading

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A Brief History of Student Loan Discharge in Bankruptcy

Under the federal Bankruptcy Code, certain debts are not eligible for discharge by a bankruptcy court at the end of a case. Nondischargeable debts include certain tax debts, 11 U.S.C. § 523(a)(1); spousal and child support, id. at § 523(a)(5); … Continue reading

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Using An Unsecured Loan to Avoid Gift Tax

Estate planning is among the most important areas of tax strategy. It was recently impacted by the Tax Cuts & Jobs Act (“Act”) when the estate tax exemption was increased.  The Act increased the estate tax exemption from $5.5 million to … Continue reading

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Motion to Compel Arbitration in Bankruptcy Court Denied (student loan debtor)

Court finds that former law student's claims for a determination that certain of her debts were discharged by operation of law because they are not student loans excluded from discharge under Bankruptcy Code Section 523(a)(8), and that the Defendants violated … Continue reading

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Bank May Seek Attachment On Unsecured Guaranty Even If Principal Loan Is Secured

Question: May a Bank who made a construction loan secured by real property seek a right to attach order and writ of attachment against a third party guarantor on its unsecured guaranty security? Answer: Yes, according to the Fourth District … Continue reading

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