Student Loans: Path to Success or Road to the Abyss? An Argument to Reform the Student Loan Discharge Exception

Volume 89, No. 1, Fall 2016

By Emily S. Kimmelman, J.D. Candidate, Temple University Beasley School of Law, 2017 [PDF]

This Comment explores the history behind the student loan discharge exception and its ramifications for student loan debtors in bankruptcy. This Comment first provides a comprehensive overview of the student loan discharge exception and policy proposals in favor of its reform. It then analyzes the current policy proposals and ultimately sets forth a four-part proposal for reform of the discharge exception. Finally, the Comment argues that the student loan discharge exception should be reformed according to the author’s four-part proposal.

Author: Jasnoor Hundal In early August 2023, the Supreme Court stayed the Second Circuit Court of Appeals’ decision, In re Purdue Pharma L.P., and granted certiorari to hear oral argument in December of 2023. The parties were asked to brief and argue “[w]hether the Bankruptcy Code authorizes a court to approve, as part of a […]

Randy Kominsky is a member of Temple Law’s Class of 1979. Mr. Kominsky was a staff editor for Volume 51 and an associate research editor for Volume 52 of Temple Law Review. His case note, Housing Discrimination – The Appropriate Evidentiary Standard for Title VIII of the Civil Rights Act of 1968, was published in 1978.[1] After graduating, he moved […]

Disrupting Hierarchies In Legal Education: Increasing Access By Supporting First Gen Success Katharine Traylor Schaffzin, Dean and Professor of Law, University of Memphis Cecil C. Humphreys School of Law The first-generation college students of Generation Z will challenge all of higher education, including legal education, to reconsider the delivery of education. Fortunately, undergraduate institutions have been […]