
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: February 27, 2014

Partner
201-896-7095 jglucksman@sh-law.comMoreover, student loan debt is essentially like an incurable illness – – it can never be “fixed” in Bankruptcy Court. Now, evidence is emerging that this one trillion dollar debt is impeding the recovery from the Great Recession’s housing collapse
An April, 2013 study from the Federal Reserve Bank of New York noted that the “aggregate student loan balance” had reached over nine hundred billion dollars by the end of 2012. Moreover, the bank noted that the percentage of 25 year olds carrying student loan debt had gone from just 25% in 2003 to 43% in 2012, and that the average debt balance was $20,326 in 2012.
Although most debt can be erased in bankruptcy, the 2005 changes to the Bankruptcy Code excepted from bankruptcy discharge any educational loans, made by or insured by governmental units, unless doing so would impose an undue hardship on the debtor and the debtor’s dependents. In order to fit within the “undue hardship” test, a student loan debtor must establish that, based upon his current income and expenses, (i) he cannot maintain a “minimal” standard of living for himself and his dependents if he is forced to repay the loan, (ii) these circumstances will persist for a significant portion of the loan repayment period, and that he made a good faith effort to repay the loan anyway.
Now, as reported in a recent article in The Washington Post, experts are wondering whether the growing student loan burden is undermining the nation’s attempt to recover from the housing crash of 2008. Although the housing market has improved recently, the demand for housing is now waning as the price of homes and mortgage rates have both gone up. Indeed, the Mortgage Bankers Association reports that, for the past four months, loan applications for home purchases have declined by nearly 20% as compared to the same period a year ago.
This is hardly surprising. First time buyers are clearly not entering the housing market in large numbers, due in part to the soaring level of student loan debt they are carrying. This is a worrisome trend for the future. Unless a way is found to ease the student loan debt burden, it will not simply be twenty-somethings who face difficulty in building secure financial futures. Rather, everyone who owns a house and counts on being able to sell it – – whether for retirement or to move up the housing ladder – – will be impacted. Without first-time buyers entering the “conveyor belt” of home ownership, the entire process will stall.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Author: Graham Staton

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Author: Michael Mietlicki

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]
Author: Sean M. Pena

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]
Author: Donald M. Pepe

Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]
Author: Chris Seelinger
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!