In order to eliminate student loans in bankruptcy, it is
necessary to sue the lender and prove that it would be an "undue
hardship" to be required to repay the loan. The courts have interpreted this requirement
stringently, making it difficult for most borrowers to eliminate their student
loans in bankruptcy.
In March 2015,
President Obama directed the US Department of Education and other federal
agencies to develop clear standards as to when a person would be considered to
have an undue hardship. This would be
beneficial, because people who met such standards could file their lawsuit and
not have to worry that it would be opposed.
This would significantly decrease the cost of bringing a lawsuit to
prove undue hardship and many deserving people could then eliminate their debts
through bankruptcy. Unfortunately, the
US Department of Education forgot who they are working for and instead gave the
green light to student loan lenders to aggressively fight student loan hardship
discharges. I urge everyone to let their
Congressmen and Senators know how they feel about this.
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