Defining the Undefined: Reimagining the “Undue Hardship” Standard in Light of Its Harmonious Interpretation

Authors

C. Sam D’Alba

Document Type

Note

Abstract

(Excerpt)

Part I of this Note provides background on the student loan crisis and the history of the nondischargeability of student loan debt. Part II of this Note examines the DOJ’s Guidance on litigating “undue hardship,” the intra-circuit criticism of the Brunner framework, and the need for harmony in understanding “undue hardship” in light of other authority governing student loans. Part III of this Note argues for a shift in the analysis of “undue hardship” based on practical guidance from the DOJ, the DOE, and the courts. This shift focuses on the subjectivities of each bankruptcy case and the need for harmony in light of constantly evolving policy on student loan forgiveness. Finally, this Note will address concerns about the reliability and predictability of a more discretionary, subjective approach to student loan dischargeability.