The courts in the united states must follow an unified standard that reflects three things: (1) Congress’s intent in placing the “undue difficulty” standard within the evaluation of discharging academic debt, (2) the purpose of the Bankruptcy Code, and (3) the necessity for persistence and fairness within the court system. Research on individual cognition demonstrates that judges bring various impacts, such as for example age, sex, generation, faith, and values using them to your process that is decision-making cons 193 Negowetti, supra note 179, at 722–23. While there are numerous means uniformity and persistence within the standard may be accomplished, this remark takes the positioning that tools of statutory interpretation offer a opportunity for reconceptualizing “undue difficulty” in light of this used in the present bulk test. By reconceptualizing the conventional in a fashion that is in line with the utilization of the conventional throughout other sourced elements of federal legislation, my hope is the fact that bankruptcy courts will employ a regular that acknowledges the worthiness in getting advanced schooling and provides the same chance of a “fresh begin” from burdensome debt burden to those that pursue advanced schooling.
1 Zack Friedman, Have Student Education Loans Caused A Drop In Home Ownership? (more…)