Bankruptcy and Student Loans

Lewis, Kevin M.

Library of Congress. Congressional Research Service.

关键词: Student loan funds;    Bankruptcy;    Bankruptcy courts;   

RP-ID  :  R45113
RP-ID  :  R45113_2018Feb22

美国|英语

来源: UNT Digital Library

【 摘 要 】

This report discusses This report provides a comprehensive overview of the various legal issues related to whether, and under what circumstances, a debtor may discharge a student loan in bankruptcy. The report begins by providing general background on bankruptcy law and the principles governing the discharge of outstanding debt. In so doing, the report explains how and why the Bankruptcy Code generally makes student loans nondischargeable absent an "undue hardship." The report then describes the various legal standards that courts have applied when determining whether a particular debtor is entitled to an undue hardship discharge. The report closes by describing various potential considerations for Congress, including ways in which Congress could alter the Bankruptcy Code's current treatment of student loans.