Consultant Jerry Nadler (D-NY-10) and Senator Elizabeth Warren (D-MA) launched laws within the Home and Senate on December 9, 2020 to permit federal and personal pupil loans to be discharged in chapter.
The Consumer Bankruptcy Reform Act of 2020 will even make different adjustments to the U.S. Chapter Code, similar to combining Chapter 7 and Chapter 13 chapter filings into a brand new Chapter 10.
The laws is cosponsored by Senators David N. Cicilline (D-RI), Dick Durbin (D-IL) and Sheldon Whitehouse (D-RI).
Earlier than 1976, all pupil loans might be discharged in chapter. Then, an exception to chapter discharge of pupil loans was added to the U.S. Chapter Code at 11 USC 523(a)(8).
To qualify for a discharge, pupil mortgage debtors needed to show in an adversarial continuing that repaying their pupil loans would impose an undue hardship on them and their dependents. That is such a harsh normal that one chapter court docket decide described it as requiring “a certainty of hopelessness.”
Amendments in 1984, 1990 and 2005 made it even more durable to discharge pupil loans in chapter.
The brand new laws will strike the exception to discharge, restoring full chapter rights to all federal and personal pupil loans.
President-elect Joe Biden has mentioned that he helps permitting pupil loans to be discharged in chapter.
Sen. Warren mentioned, “The Client Chapter Reform Act of 2020 will take lengthy overdue steps to make it simpler and cheaper for financially-strapped households and people to acquire significant chapter aid and provides People a greater probability to get again on their toes.”
Sen. Whitehouse agreed and mentioned, “I am proud to assist this smart invoice to permit People going through monetary hardship to free themselves of pupil mortgage and medical debt.”
The Client Chapter Reform Act of 2020 will permit debtors who’re experiencing extreme financial misery to get a contemporary begin by canceling their pupil loans.
A earlier bicameral invoice to repeal the exception to discharge for pupil loans, the Student Borrower Bankruptcy Relief Act of 2019, was reported out of committee within the Home on September 29, 2020, however has not but been delivered to a ground vote. The Senate model has not been reported out of committee.