Presently, the U.S. Bankruptcy Code provides that figuratively speaking can only just be released in bankruptcy if excepting your debt from release would impose a hardship that is“undue from the debtor and also the borrower’s dependents. Nevertheless the Code does not offer a meaning or test for determining undue hardship. It’s left to bankruptcy courts to determine undue difficulty for education loan borrowers. That could quickly alter. Previously this present year, the U.S. Department of Education issued a demand for general general public touch upon assessing undue difficulty claims, expressing concern that borrowers might be “inadvertently frustrated from filing an adversary proceeding inside their bankruptcy situation. Read more
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