It really is recognized there is “a unpleasant disconnect involving the initial intent behind the student-loan program to democratize United states higher education in addition to financial policies which are essential to make sure system solvency and protect borrowers from enslaving debt and unavoidable default. ” 30 Robert C. Cloud & Richard Fossey, Facing the learning student Debt Crisis: Restoring the Integrity of this Federal scholar Loan Program, 40 J. C. & U. L. 467, 496 (2014). The hardship that is undue into the exceptions to discharge supply for the Bankruptcy Code has additionally been considered “unworkable” as a result of just exactly how inconsistent email address details are when judges apply the exclusion. 31 Milligan, supra note 5, at 254. Inconsistent judicial determinations of undue difficulty are problematic due to the means they undermine the uniformity and efficiency of bankruptcy legislation. 32 Nat’l Bankr. Rev. Comm’n: the following two decades: last Report, 1.4.5, chapter 5 (1997) (saying that bankruptcy legislation should treat debtors uniformly)). Appropriately, there was a pushing dependence on a reevaluation associated with standard courts used to determine the dischargeability of figuratively speaking in bankruptcy.
Two problems have a tendency to arise within the debate over prov 33 Pardo & Lacey, supra note 20, at 510. Scholarly research and situation law prov 34 Id. This Comment adopts the argument advanced level by Professor Rafael Pardo and Professor Michelle Lacey that the hardship that is undue within the bankruptcy context should really be restricted to an inquiry into a debtor’s capacity to repay academic financial obligation regardless of the debtor’s prebankruptcy conduct, as a result cons 35 Id. Continue reading