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Bankruptcy Law

Osgoode Hall Law School of York University

1999

Student loans

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The Dark Side Of Student Loans: Debt Burden, Default, And Bankruptcy, Saul Schwartz Apr 1999

The Dark Side Of Student Loans: Debt Burden, Default, And Bankruptcy, Saul Schwartz

Osgoode Hall Law Journal

This article addresses three hypotheses: (1) only a minority of Canadian student loan borrowers experience severe difficulty in repaying their student loans; (2) those who default on their student loans do so largely because they cannot pay, rather than because they do not want to pay; and (3) for Canadians who are filing for bankruptcy and who have student loans among their debts, bankruptcy is a last resort, and their economic situation is more difficult than that of the average person seeking bankruptcy protection. A review of the literature strongly supports the first two hypotheses; a new analysis of a …