
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: May 23, 2014

Partner
201-896-7095 jglucksman@sh-law.comWarren’s long-standing position on student loans – in particular, her past proposals for debt relief and refinancing – have contributed to her popularity among the younger generation and quite possibly to her recent election to national office. She argues that the overall debt burden placed on graduates is slowing the U.S. economy, as first time homeownership and auto loans for the young continue to decline.
“Many senior bankers in the industry are deeply concerned about student loan debt,” Rohit Chopra, the student loan ombudsman for the Consumer Financial Protection Bureau, told the news source. “For a competitive market to work, we need people to be able to not just go to school, but to progress economically. If they can’t do that, there could be real economic repercussions.”
Conventional wisdom holds that it is extremely difficult to discharge student loan debt through the bankruptcy courts. However, a higher-than-expected percentage of those who attempt to discharge such debt in this way are successful, according to Bloomberg Businessweek.
The news source noted that bankruptcy courts have adopted the “Brunner test” for student loan obligations, which requires debtors to meet three requirements in order to discharge their student loan debt, the news source explained. The debtor must be prevented from maintaining a “minimal” standard of living by the debt, must demonstrate a good-faith effort to maximize income and limit expenses and must show that the hardship is likely to continue for most of the repayment period.
While this standard has been widely considered very difficult to meet, Princeton University doctoral candidate Jason Iuliano estimated that 39 percent of debtors seeking to discharge student debt through a bankruptcy since 2007 were successful in a paper published in the American Bankruptcy Law Journal.
If Sen. Warren’s popularity, some of which seems to stem from her populist stance on student loans, is any indication, we may see more politicians taking up the younger generation’s cause in Washington.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Author: Jay McDaniel

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
Author: George McGowan

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer
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!