A Brief Guide to Analyzing the Fairness of Student Loan Discrimination*

By Samuel Dart, Attorney Representing Chapter 13 Trustee David M. Howe, Tacoma, Washington

As student loan debt continues to grow, so too does the frequency of attempts to deal with this nondischargeable millstone in a chapter 13 plan. Although judges across the country seem more interested in challenging the standards for hardship discharge of student loans, especially those set forth in the Brunner test, the fact remains that most debtors are not eligible to discharge student loan debt in bankruptcy. This reality has led to debtors attempting to separately classify student loans from other unsecured creditors in a . . .

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