SHOULD WE REALLY DISCHARGE THE STUDENT LOAN DEBT DISCHARGE EXCEPTION? WHY REVERSING THE 2005 BAPCPA AMENDMENT IS NOT RELIEF TO THE DEBTOR

“A special circle of bankruptcy hell reserved for dads who avoid child support and tax evaders”— morbid as they may be, these words paint an accurate image of student loan debt and its respective bankruptcy laws in the United States today. Student loan debt shares a common evil with overdue taxes and child support obligations in that while most debts are treated relatively equally in bankruptcy, the laws governing these particular debts make them virtually impossible to discharge. With student loans constituting the largest form of consumer debt — clearing $1 trillion nationally — the inability to repay or discharge these loans creates an enormous burden for higher education graduates. View More