Why So Many Get It So Wrong That a Private Student Loan is Uniquely Protected in Bankruptcy
by Austin C. Smith The Misinterpretation of 11 U.S.C. § 523(a)(8) [1]The common belief that all student loans are protected from discharge in bankruptcy is based on a misunderstanding of 11 U.S.C. § 523(a)(8). Since 1990, bankruptcy courts have been misreading the statute to prevent any student debt that could be construed as providing educational …