This is a short essay detailing the various times that Congress has enacted laws restricting the dischargeability of student loans in bankruptcy and the statements in the congressional record supporting those legislative changes

For an ever-growing number of students aspiring to higher education, borrowing is essential. Yet the burdens of indebtedness dis-proportionally harm Black and Latinx students. Debt also undermines the meaning and effect of higher education access, enabling many who borrow to reach the middle...

Consumer debts in the United States can effectively live (and grow) forever: most statutes of limitations do not extinguish them; they can morph into relatives' obligations after the debtor's death; and they sometimes rise from the grave even after they have been paid. All the while, interest...

This is a response to the Department of Education's request for information regarding evaluating undue hardship claims in adversary actions seeking student loan discharge in bankruptcy proceedings. Although by law student loan borrowers may receive a discharge of their student loans when...

More than 77 million Americans have a debt in collections. Many of these debts will be sold to debt buyers for pennies, or fractions of pennies, on the dollar. This Article details the perilous path that debts travel as they move through the collection ecosystem. Using a unique dataset of 84...

This article reports on responses from a survey sent to members of ABI's Business Reorganization Committee. The survey was designed to inform the ABI Commission to Study the Reform of Chapter 11. Committee members were surveyed over a two-week period in March 2014. The survey, which asked more...

Since 1976, Congress has progressively amended the bankruptcy laws to treat some types of student loans differently from other unsecured debt. In 2005, student loans originated by private companies — loans granted only to credit-worthy individuals and risk-priced at origination — were added...