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"Undue Hardship" Under Section 523(a)(8): Can the Debtor's Student Loans Be Discharged?

The provisions of Section 523(a)(8) generally qualified education loans from discharge, unless the denial of a discharge would "impose an undue hardship" on the debtor. Although the words "undue hardship" are not defined in the Bankruptcy Code, two tests have been developed to assist...

"Undue Hardship" Under Section 523(a)(8): Can the Debtor's Student Loans Be Discharged?

Section 523(a)(8) contains a presumption that qualified student loans will not be discharged, and although the presumption can be overcome by a debtor who shows "undue hardship," bankruptcy courts often seek to have debtors take advantage of federal programs to delay payment, rather than...