student-debtHere’s a fun read. Well, maybe not. It is government guidance provided to guarantors and educational institutions participating in the FFELP and Perkins programs regarding student loan discharge in bankruptcy. It details whether the the Department of Education will consent (or not object) to a borrower’s claim of undue hardship (which is the well-known Brunner standard that courts employ to discern the dischargeability of qualified student loan debt). The formula is partially about the fees and costs to defending the litigation. In some sense, this offers backdoor guidance to lawyers about whether to bring a Brunner challenge, assuming the lawyers can correctly predict the government’s calculations. The win here is that the government is talking about this; it’s out there for discussion finally. The national horror that is student loan debt amidst the lack of growing wages for the educated might have a light at the end of the tunnel (some day; maybe this is a beginning).

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