Evaluating the Availability of an Income-Driven Repayment Plan Under the Two Doctrinal Tests for Undue Hardship

(Excerpt) A fundamental goal of bankruptcy is to give the debtor a “fresh start” by discharging their debts. For student loan debtors in bankruptcy, the opportunity of a “fresh start” is limited. Under title 11 of the United States Code (the “Bankruptcy Code”), student loans are not dischargeable unless excepting such debt from discharge would impose an undue hardship on the debtor and the debtor’s dependents. Without guidance from the statutory text, the definition of undue hardship is left up to judicial interpretation, giving rise to much litigation. An issue that frequently arises when undue hardship is litigated is the availability of an Income-Driven Repayment (“IDR”) plan. These plans allow a debtor to pay a percentage of their income for twenty-five years and provide for cancellation of any outstanding balance at the end of the repayment period. By making student loan repayment more affordable, IDR plans can lessen the burden of student loan debt. In student loan bankruptcies, creditors frequently argue that, due to the availability of an IDR plan, the non-discharge of a student loan can never constitute undue hardship. There is no statute or regulation that explicitly requires IDR plans to be considered in student loan bankruptcy cases, however, the majority of appellate courts have unanimously treated the availability of IDR plans as relevant in assessing undue hardship. This memorandum addresses the relationship between the discharge of student loans in bankruptcy upon a finding of undue hardship and the availability of an IDR plan. Part I outlines two doctrinal tests used by courts to determine whether the repayment of student loans imposes an undue hardship on a debtor. Part II then examines how courts have adapted the tests when a debtor is eligible for an IDR plan, and the role eligibility plays in determining undue hardship and the dischargeability of student loans

Introduction to the Special Issue: The Challenges and Opportunities of Including the LGBTQ Community in Catholic Education

This special issue is dedicated to disseminating recent research about the opportunities and challenges of including the LGBTQ community in Catholic education. The relationship between Catholic educational institutions and people who are lesbian, gay, bisexual, transgender, and questioning (LGBTQ) can be complicated. As Catholic organizations, Catholic schools are governed by the rules of the church, and as educational institutions, Catholic schools must be responsive to the needs of students, families, and communities, as well as to changes in the larger sociopolitical landscape. LGBTQ people, whether students, parents, teachers, or administrators, exist in Catholic educational institutions, yet there has been a dearth of research on this topic to help guide Catholic educators. This special issue is a big step forward in beginning to fill the gap in our knowledge about the experiences happening within Catholic schools for the LGBTQ community, thus informing practice. Based on this issue, we encourage more research about human sexuality and gender identity to inform practices by Catholic educators, responsive to the needs of all

MS Early Childhood System Asset Map Part II - Strengths and Opportunities

The Asset Map includes information about program funding, children served, and providers through data requests to state agency leaders and review of state and federal reports. We also gathered data about the well-being of children and families in Mississippi. Along the way, we shared the data and drafts of the Asset Map with the SECAC, relevant state agency leaders, and the public, ensuring their suggested revisions were included

How accurate is your sclerostin measurement?:Comparison between three commercially available sclerostin ELISA kits

Sclerostin, bone formation antagonist is in the spotlight as a potential biomarker for diseases presenting with associated bone disorders such as chronic kidney disease (CDK-MBD). Accurate measurement of sclerostin is therefore important. Several immunoassays are available to measure sclerostin in serum and plasma. We compared the performance of three commercial ELISA kits. We measured sclerostin concentrations in serum and EDTA plasma obtained from healthy young (18-26 years) human subjects using kits from Biomedica, TECOmedical and from R&D Systems. The circulating sclerostin concentrations were systematically higher when measured with the Biomedica assay (serum: 35.5 ± 1.1 pmol/L; EDTA: 39.4 ± 2.0 pmol/L; mean ± SD) as compared with TECOmedical (serum: 21.8 ± 0.7 pmol/L; EDTA: 27.2 ± 1.3 pmol/L) and R&D Systems (serum: 7.6 ± 0.3 pmol/L; EDTA: 30.9 ± 1.5 pmol/L). We found a good correlation between the assay for EDTA plasma (r > 0.6; p < 0.001) while in serum, only measurements obtained using TECOmedical and R&D Systems assays correlated significantly (r = 0.78; p < 0.001). There was no correlation between matrices results when using the Biomedica kit (r = 0.20). The variability in values generated from Biomedica, R&D Systems and TECOmedical assays raises questions regarding the accuracy and specificity of the assays. Direct comparison of studies using different kits is not possible and great care should be given to measurement of sclerostin, with traceability of reagents. Standardization with appropriate material is required before different sclerostin assays can be introduced in clinical practice

MS Early Childhood System Asset Map Part I - Program Profiles

The Asset Map includes information about program funding, children served, and providers through data requests to state agency leaders and review of state and federal reports. We also gathered data about the well-being of children and families in Mississippi. Along the way, we shared the data and drafts of the Asset Map with the SECAC, relevant state agency leaders, and the public, ensuring their suggested revisions were included

The significant impact of education, poverty, and race on Internet-based research participant engagement

PURPOSE: Internet-based technologies are increasingly being used for research studies. However, it is not known whether Internet-based approaches will effectively engage participants from diverse racial and socioeconomic backgrounds. METHODS: A total of 967 participants were recruited and offered genetic ancestry results. We evaluated viewing Internet-based genetic ancestry results among participants who expressed high interest in obtaining the results. RESULTS: Of the participants, 64% stated that they were very or extremely interested in their genetic ancestry results. Among interested participants, individuals with a high school diploma (n = 473) viewed their results 19% of the time relative to 4% of the 145 participants without a diploma (P < 0.0001). Similarly, 22% of participants with household income above the federal poverty level (n = 286) viewed their results relative to 10% of the 314 participants living below the federal poverty level (P < 0.0001). Among interested participants both with a high school degree and living above the poverty level, self-identified Caucasians were more likely to view results than self-identified African Americans (P < 0.0001), and females were more likely to view results than males (P = 0.0007). CONCLUSION: In an underserved population, engagement in Internet-based research was low despite high reported interest. This suggests that explicit strategies should be developed to increase diversity in Internet-based research. Genet Med 19 2, 240–243

Size-scaling of clump instabilities in turbulent, feedback regulated disks

We explore the scaling between the size of star-forming clumps and rotational support in massively star-forming galactic disks. The analysis relies on simulations of a clumpy galaxy at $z=2$ and the observed DYNAMO sample of rare clumpy analogs at $z\approx0.1$ to test a predictive clump size scaling proposed by \citet{Fisher2017ApJ...839L...5F} in the context of the Violent Disk Instability (VDI) theory. We here determine the clump sizes using a recently presented 2-point estimator, which is robust against resolution/noise effects, hierarchical clump substructure, clump-clump overlap and other galactic substructure. After verifying Fisher's clump scaling relation for the DYNAMO observations, we explore whether this relation remains characteristic of the VDI theory, even if realistic physical processes, such as local asymetries and stellar feedback, are included in the model. To this end, we rely on hydrodynamic zoom-simulations of a Milky Way-mass galaxy with four different feedback prescriptions. We find that, during its marginally stable epoch at $z=2$, this mock galaxy falls on the clump scaling relation, although its position on this relation depends on the feedback model. This finding implies that Toomre-like stability considerations approximately apply to large ($\sim\rm kpc$) instabilities in marginally stable turbulent disks, irrespective of the feedback model, but also emphasizes that the global clump distribution of a turbulent disk depends strongly on feedback.Comment: Accepted by ApJ, no changes made. 11 pages, 4 figure

Conserving tropical biodiversity via market forces and spatial targeting

The recent report from the Secretariat of the Convention on Biological Diversity [(2010) Global Biodiversity Outlook 3] acknowledges that ongoing biodiversity loss necessitates swift, radical action. Protecting undisturbed lands, although vital, is clearly insufficient, and the key role of unprotected, private land owned is being increasingly recognized. Seeking to avoid common assumptions of a social planner backed by government interventions, the present work focuses on the incentives of the individual landowner. We use detailed data to show that successful conservation on private land depends on three factors: conservation effectiveness (impact on target species), private costs (especially reductions in production), and private benefits (the extent to which conservation activities provide compensation, for example, by enhancing the value of remaining production). By examining the high-profile issue of palm-oil production in a major tropical biodiversity hotspot, we show that the levels of both conservation effectiveness and private costs are inherently spatial; varying the location of conservation activities can radically change both their effectiveness and private cost implications. We also use an economic choice experiment to show that consumers’ willingness to pay for conservation-grade palm-oil products has the potential to incentivize private producers sufficiently to engage in conservation activities, supporting vulnerable International Union for Conservation of Nature Red Listed species. However, these incentives vary according to the scale and efficiency of production and the extent to which conservation is targeted to optimize its cost-effectiveness. Our integrated, interdisciplinary approach shows how strategies to harness the power of the market can usefully complement existing—and to-date insufficient—approaches to conservation