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...

This Article presents the first in-depth examination of consumer Chapter 7 asset cases in over 20 years, and the first ever using a national sample of consumer bankruptcies. It finds that only 7% of Chapter 7 cases filed by individuals result in assets to distribute to creditors, and that the...

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...

Since 1976, Congress has progressively amended the bankruptcy laws to treat some types of student loans differently from other unsecured debt. In 2005, student loans originated by private companies — loans granted only to credit-worthy individuals and risk-priced at origination — were added...

Consumer protection in financial services has failed. A crisis is now playing itself out in the mortgage, credit card, auto loan, title loan, refund anticipation loan, and payday loan markets. Consumer protection was a traditional element states' regulatory power until federal preemption ousted...

This Article argues that the student loan crisis is due not to the scale of student loan debt, but to the federal education finance system's failure to utilize its existing mechanisms for progressive, income-based payments and debt cancellation. These mechanisms can make investment in higher...