Congress’s choice to shape educational loan relief on the use of an obscure and indeterminate standard has been shown to be difficult for multiple reasons.
It really is recognized there is “a unpleasant disconnect involving the initial intent behind the student-loan system to democratize United states advanced schooling in addition to fiscal policies which can be required to guarantee system solvency and protect borrowers from enslaving financial obligation and inescapable default. ” 30 Robert C. Cloud & Richard Fossey, Facing the pupil Debt Crisis: Restoring the Integrity associated with the Federal scholar Loan Program, 40 J. C. & U. L. 467, 496 (2014). The hardship that is undue into the exceptions to discharge supply associated with the Bankruptcy Code has additionally been considered “unworkable” as a result of exactly exactly how inconsistent email address details are whenever judges use the exclusion. 31 Milligan, supra note 5, at 254. »