Teaching Old Dogs New Tricks: New Ideas for Treatment of Student Loans in Bankruptcy

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By Robert B. Branson and Tammy Branson, Branson Law PLLC (Orlando, FL)

Congress’ goal of bankruptcy is for the honest debtor to get a fresh start. Since most federally guaranteed student loans are nondischargeable, the current outcome is a “false start” instead of a fresh start.

Resolving a $1.5 trillion student loan crisis is problematic in that the caselaw was developed during a period when the statutory regime allowed for discharge after five and later seven years. Litigation on student loan dischargeability has not been a . . .

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