Private Student Loan Debt and the Exception to Discharge As Viewed Through the Eyes of the Circuit Courts

A summary of the factors that courts have considered and will likely continue to consider when addressing dischargeability of private student loans under subsection 523(a)(8)(A)(ii) of the Bankruptcy Code, and a cautionary word for practitioners considering whether to put forth an argument to the contrary.

18 minute read May 01, 2022 at 12:07 AM
By
Gerard S. Catalanello and Kimberly (Kodis) Schiffman
Private Student Loan Debt and the Exception to Discharge As Viewed Through the Eyes of the Circuit Courts

Sections 727 and 1328 of the Bankruptcy Code operate as a permanent injunction against creditors seeking to collect against debts that have been discharged in bankruptcy. Not all debts, however, are dischargeable.

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