Student loan debt can be discharged in bankruptcy under certain circumstances. Bankruptcy Code section 523(a)(8)(B) prohibits discharge of certain educational loans except in cases where prohibiting the discharge would impose “undue hardship” on the debtor.  Specifically, Bankruptcy Code section 523(a)(8) provides: (a) A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title…

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On Friday, March 27, 2020, the President signed into law The Coronavirus Aid, Relief, and Economic Security (CARES) Act, which provides various types of relief for American workers, their families and small businesses. CARES Act Mortgage Relief The CARES Act put in place certain home retention protections for homeowners experiencing financial hardship due to the…

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On February 19, 2020, the Small Business Reorganization Act (SBRA) went into effect. The SBRA created a new type of chapter 11 debtor that gets special/different treatment under the bankruptcy law – a “subchapter 5” debtor. Subchapter 5 was enacted for purposes of creating a new streamlined and less costly chapter 11 option for those engaged…

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