Undue Hardship and Student Loan Debt

By Professor Michaela White

Professor Rafael Pardo of the University of Washington School of Law has an ax to grind about the Code’s current approach to student loan discharge and the data to back it up.  Much of Professor Pardo’s scholarship focuses on student loan debt in consumer bankruptcy cases.  He has co-authored three excellent articles on student loans: the first, published in 2005 in the University of Cincinnati Law Review, studied 261 undue hardship opinions by bankruptcy courts between October 1993 and October 2003 (the “2005 Study”). Using a subset of this database, his next study . . .

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