Judicial Interpretation by Bankruptcy Courts and the Department of Education Regarding the Application of the Undue Hardship ("Brunner") Standard to Student Loan Discharges

Authors

Anda Totoreanu, Benjamin N. Cardozo School of Law

Abstract

The note examines the stringent application of the Brunner standard in student loan discharge cases, highlighting the inconsistent judicial interpretations and the DOE's rigid stance, which disproportionately affects minority communities. It advocates for reforms, including legislative changes and judicial discretion, to address the systemic inequities.

Disciplines

Bankruptcy Law | Education Law | Law

Recommended Citation

Anda Totoreanu, Judicial Interpretation by Bankruptcy Courts and the Department of Education Regarding the Application of the Undue Hardship ("Brunner") Standard to Student Loan Discharges, 29 Cardozo J. Equal Rts. & Soc. Just. 743 (2023).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol29/iss3/5