Maybe something will happen this year to help people who just can't pay their student loans.
The bankruptcy law now says student loans can be cleared only in cases of “undue hardship.” Over the years the courts have said “undue hardship” basically means paralyzed, never work again.
There's no chance Congress will change that this year. In our current political environment, support for bi-partisan cooperation often leads to defeat in the next primary.
But there's one thing Joe Biden can do on his own. Right now government lawyers, the U.S. Department of Justice, go into bankruptcy court and fight against consumers trying to prove “undue hardship.”
Biden can call off those government lawyers. If the consumer, without government opposition, can persuade the judge–and that may still be tough–the consumer should win. And if the consumer wins at trial, the government should not appeal
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