Bankruptcy law provides for the reduction or elimination of certain debts, and can provide a timeline for the repayment of nondischargeable debts over time. It also permits individuals and organizations to repay secured debt....
DEBT
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Title IV of the Higher Education Act of 1965 (“Higher Education Act”) grants the Secretary of Education (“Secretary”) the authority to award federal financial aid to eligible students for their postsecondary education. 20 U.S.C. § 1070. In 2003,...
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Background
A creditor may seek to collect an outstanding debt in several ways. However, because of “abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors,” (15 U.S.C. § 1692)...
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In 2014 Respondent, Aleida Johnson, filed for bankruptcy under Chapter 13 of the Bankruptcy Code in the United States Bankruptcy Court for the Southern District of Alabama. See Johnson v. Midland Funding, 823 F.3d 1334, 1335 (2016). Petitioner, Midland...