ABI - American Bankruptcy Institute

10/15/2024 | Press release | Distributed by Public on 10/15/2024 10:26

Summer 2024 ABI Law Review Article Proposes Bringing Back Chapter 13 'Super Discharge' Student Loan Debt Relief

Alexandria, Va. - With student loan debt currently not dischargeable in bankruptcy, an article by Prof. Roma Perez of the NSU Florida Shepard Broad College of Law in the Summer 2024 edition of the American Bankruptcy Institute (ABI) Law Review (Vol. 32, No. 2) proposes that Congress craft a comprehensive solution to the student loan debt crisis by amending chapter 13 of the Bankruptcy Code to allow for the discharge of educational loans through what was once commonly referred to as the chapter 13 "super discharge." Prof. Perez writes that "such a discharge would also provide meaningful debt relief to student loan borrowers who could, after a period of repayment on their loans, obtain a fresh financial start without the onere of unsurmountable educational debt and without the hefty tax bill that often accompanies the other options for dealing with student loan debt, such as federal income-driven repayment programs and debt forgiveness."

Other articles in the Summer 2024 issue of the ABI Law Review include:

· "Global Norms, Local Priorities, and a $300 Billion Bankruptcy: A Comparative Study of Bankruptcy Laws of the United States and China," by Australian scholars Dr. Benedict Sheehy of the University of Canberra Law School, Dr. Ying Chen of Bond University, Juan Diaz-Granados of Australian Catholic University and Camilo Arias of the University of Canberra.

· "How Do 'Bankruptcy Grifters' Destroy Value in Mass Tort Settlements? In re Purdue Pharma as a Bargaining Failure," by Jason Jia-Xi Wu of Harvard Law School.

· A student note, "11 U.S.C. § 707's Increasing Stringency and the Presumption of Abuse," by Howard Poon of St. John's University School of Law.

The ABI Law Review, published in conjunction with St. John's University School of Law in Jamaica, N.Y., is among the most cited and respected scholarly publications in the bankruptcy community. Now in its 32nd year, it has the largest circulation of any bankruptcy law review. Past issues of the Law Review have focused on a variety of timely insolvency issues, including chapter 11 reform, distressed sectors, single-asset cases, consumer bankruptcy, revised Article 9 of the Uniform Commercial Code and other topics.

Members of the press looking to obtain any of the articles from the Summer 2024 issue should contact John Hartgen at 703-894-5935 or [email protected].

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ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes nearly 10,000 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals, providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abi.org/calendar-of-events.

Tuesday, October 15, 2024