Abstract

http://ssrn.com/abstract=967379
 
 

Footnotes (129)



 


 



The Nondischargeability of Student Loans in Personal Bankruptcy Proceedings: The Search for a Theory


John A. E. Pottow


University of Michigan Law School


U of Michigan Public Law Working Paper No. 75
U of Michigan Law & Economics, Olin Working Paper No. 07-005
Canadian Business Law Journal, Vol. 44, 2006

Abstract:     
Student loans are not dischargeable in personal bankruptcy proceedings in the United States. Why is that so? The answer to that question has remained largely unexamined in bankruptcy scholarship to date. Doctrinal and empirical pieces have sprouted up here and there (some quite good), but theoretical treatment has been sparse. This article seeks to help fill that void. It assembles various defensible theories (some more defensible than others) under which student loans should be treated as nondischargeable debts. It then takes a comparative perspective by looking at how the laws in various jurisdictions square with these theories. The United States rates poorly; its laws tend toward implementation of the least defensible theories and only tangentially embrace the more compelling ones. By contrast, countries such as Australia and New Zealand, which take an income-contingent approach to student debt default, are on the right track.

Number of Pages in PDF File: 36

Keywords: bankruptcy, nondischargeability, loan

JEL Classification: H81

Accepted Paper Series


Download This Paper

Date posted: March 6, 2007  

Suggested Citation

Pottow, John A. E., The Nondischargeability of Student Loans in Personal Bankruptcy Proceedings: The Search for a Theory. U of Michigan Public Law Working Paper No. 75; U of Michigan Law & Economics, Olin Working Paper No. 07-005; Canadian Business Law Journal, Vol. 44, 2006. Available at SSRN: http://ssrn.com/abstract=967379

Contact Information

John A. E. Pottow (Contact Author)
University of Michigan Law School ( email )
625 South State Street
Ann Arbor, MI 48109-1215
United States
734-647-3736 (Phone)

Feedback to SSRN


Paper statistics
Abstract Views: 4,959
Downloads: 683
Download Rank: 18,930
Footnotes:  129

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.782 seconds