Student Loans and Surmountable Access-to-Justice Barriers

Abstract

Student loan debt is considered nearly impossible to discharge via bankruptcy. In this response, I defend my earlier findings that this dire view does not track the empirical reality. Many debtors are successful, and many others would likely be successful if they attempted to discharge their student loans. Although access-to-justice barriers do present significant hurdles to student loan debtors, these hurdles are not insurmountable.

Keywords: student loans, bankruptcy, undue hardship