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...

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...

As part of federal and state relief programs created during the COVID-19 pandemic, many American households received pauses on their largest debts, particularly on mortgages and student loans. Other people may have come to agreements with their lenders, likewise pausing or altering payment on...

This foreword introduces a compendium of articles outlining the legal authorities for administrative cancellation of student debt. As of the date this compendium was published, the nation’s outstanding cumulative student debt burden stands at $1.7 trillion, collectively shouldered by 45...

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...

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...

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...

This article describes a proposed randomized control trial (RCT) involving individuals in financial distress, specifically, individuals sued on a credit card debt collection case by a debt buyer or creditor. The aim of the RCT is to evaluate the effectiveness of two interventions often proposed...

When a student receiving Title IV financial aid, such as a Pell Grant, withdraws after attending for 60% or less of an enrollment period, federal aid rules require colleges to return a portion of students’ Title IV aid disbursals to the U.S. Department of Education, in a policy known as...