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Bankruptcy, The Honorable Harlin D. Hale, Emma L. Persson

SMU Annual Texas Survey

No abstract provided.

Tempering Bankruptcy Nondischargability To Promote The Purposes Of Student Loans, John P. Hunt

SMU Law Review

Student loans, unlike other debts, are not dischargeable in bankruptcy unless the debtor starts a special proceeding and proves that repayment would cause “undue hardship.” This requirement probably accounts for the fact that only a tiny fraction of bankrupt debtors succeed in discharging their student loans. This article is the first to make the case that student- loan nondischargeability interferes with achieving the student-loan pro- grams’ goals and to propose solutions that courts and the Department of Education (the Department) can employ under current law.

The article draws on the legislative history of the student-loan programs to establish that they …