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New Guidance on Student Loan Discharge in Bankruptcy 2023

Product ID: CA3442D
Presented By: State Bar of Wisconsin PINNACLE

A break in the clouds

Student loan debt in the U.S. totals over $1 trillion dollars and affects 42.8 million borrowers.1 For many Americans, this debt becomes a lifelong burden. It has been onerous, if not impossible, for borrowers to find relief from student debt via bankruptcy. Approximately 250,000 student loan borrowers file for bankruptcy every year, with a success rate of 0.1%.2 But now, there may be a light at the end of the tunnel for borrowers.

On November 17, 2022, the U.S. Department of Justice and the Department of Education announced updated guidelines to make it easier for struggling borrowers to discharge student loan debt in bankruptcy. At New Guidance on Student Loan Discharge in Bankruptcy, Karen M. Bauer and J. David Krekeler will explain:

  • How the new simplified process will reduce the burden on borrowers
  • Updated guidance for Justice Department attorneys on recommending discharge
  • How to determine whether a borrower meets the discharge criteria
Read More ↓

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OnDemand seminar

Pricing

Member $89.00

Non-Member $139.00

Credits

1 CLE

Upon purchase, this OnDemand program is available to view for 90 days.

Credits are available only if viewed prior to 12/31/2024.

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Maximum quantity must be less than or equal to 1.

A break in the clouds

Student loan debt in the U.S. totals over $1 trillion dollars and affects 42.8 million borrowers.1 For many Americans, this debt becomes a lifelong burden. It has been onerous, if not impossible, for borrowers to find relief from student debt via bankruptcy. Approximately 250,000 student loan borrowers file for bankruptcy every year, with a success rate of 0.1%.2 But now, there may be a light at the end of the tunnel for borrowers.

On November 17, 2022, the U.S. Department of Justice and the Department of Education announced updated guidelines to make it easier for struggling borrowers to discharge student loan debt in bankruptcy. At New Guidance on Student Loan Discharge in Bankruptcy, Karen M. Bauer and J. David Krekeler will explain:

  • How the new simplified process will reduce the burden on borrowers
  • Updated guidance for Justice Department attorneys on recommending discharge
  • How to determine whether a borrower meets the discharge criteria
Read More ↓

Karen M. Bauer is a Managing Attorney at the Legal Aid Society of Milwaukee where her practice centers on student loan law, bankruptcy, debt defense, and consumer protection litigation. She is also the Project Manager for Legal Aid’s groundbreaking Right to Counsel project, Eviction Free MKE. She is a graduate of the University of Wisconsin Law School, where she was a Managing Editor of the Wisconsin Law Review.

Ms. Bauer is past chair of the Public Interest Law Section of the State Bar of Wisconsin and a former member of the State Bar of Wisconsin Board of Governors. Ms. Bauer is a Fellow of both the Wisconsin Law Foundation and the American Bar Foundation and has the distinction of being the oldest person to ever win the State Bar of Wisconsin’s Young Lawyer Award.

She has authored three articles in the Wisconsin Lawyer magazine on educational debt and has taught dozens of CLE courses on student loan issues. She was also a member of Governor Evers’ Student Debt Task Force. Ms. Bauer is a member of the Association for Women Lawyers, Milwaukee Bar Association, National Association of Consumer Advocates, and the State Bar of Wisconsin.

J. David Krekeler has devoted his practice to solving financial problems, including those related to student loans, for over three decades. He enjoys sharing his experience on bankruptcy, foreclosure, and debts in general. In doing so he has authored many thousands of pages of materials. David is past chair of the BICR Section of the State Bar and of the Western District of Wisconsin Bankruptcy Bar. He is the current chair of the Solo and Small Firm Section.

When he’s not helping student loan debtors, David enjoys traveling with his wife, working out, and being with his children and grandchildren. Weekly Sunday night dinners with the grandchildren over keeps the home vibrant and noisy, just the way David likes it.

  • Advise your clients on the best approach for handling their educational debt
  • Help clients determine if they are eligible for discharge under the new guidelines
  • Understand how to use the new process for discharging student loan debt in bankruptcy
  • Learn about alternatives to bankruptcy for student loan borrowers
  • Bankruptcy attorneys
  • Debtor/creditor attorneys
  • Student loan advisors
  • Family law attorneys
  • Estate planning attorneys
  • CPAs
  • General practitioners
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