We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
THE STUDENT LOAN BANKRUPTCY GAP.
- Authors
IULIANO, JASON
- Abstract
Each year, a quarter of a million student loan debtors file for bankruptcy. Of those, fewer than three hundred discharge their educational debt. That is a success rate of just 0.1 percent. This chasm between success and failure is the titular "Student Loan Bankruptcy Gap," and it is a phenomenon that is unprecedented in the law. Drawing upon an original dataset of nearly five hundred adversary proceedings, this Article examines three key facets of the Student Loan Bankruptcy Gap. First, it establishes the true breadth of the gap. Second, it explores why the gap has persisted for more than two decades and, in doing so, uncovers a creditor case-selection strategy designed to deter debtors from bringing legitimate claims. And third, it identifies solutions that have the potential to close the Student Loan Bankruptcy Gap and bring debt relief to millions of individuals.
- Subjects
STUDENT loans; BANKRUPTCY; DEBTOR &; creditor; AUTHORITY; EDUCATION
- Publication
Duke Law Journal, 2020, Vol 70, Issue 3, p497
- ISSN
0012-7086
- Publication type
Article