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The Bankruptcy StrategistFeaturesBankruptcyLitigation

Treating Student Loan Debt Relief By Standardizing 'Undue Hardship' In Bankruptcy Code

By Rudolph J. Di Massa and Diane J. Kim
February 01, 2023

On Aug. 24, 2022, President Joe Biden announced the plan to forgive up to $10,000 in federal student debt for qualifying borrowers. This relief, however, was challenged in the courts and is now pending before the U.S. Supreme Court.

In the interim, Biden's administration has sought to address student loan debt relief through another forum: the bankruptcy court. On Nov. 17, Biden's administration published instructive guidance to the Department of Education and the Department of Justice on how to treat student loan debt relief in bankruptcy court by standardizing the burden of "undue hardship" under Section 523(a)(8) of the Bankruptcy Code.

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