The courts around the world must follow a standard that is unified reflects three things: (1) Congress’s intent in placing the “undue difficulty” standard when you look at the evaluation of discharging academic financial obligation, (2) the objective of the Bankruptcy Code, and (3) the necessity for persistence and fairness within the court system. Research on individual cognition demonstrates that judges bring different impacts, such as for example age, sex, generation, faith, and values using them to your decision-making process when cons 193 Negowetti, supra note 179, at 722–23. While there are lots of means uniformity and persistence within the standard may be accomplished, this remark takes the positioning that tools of statutory interpretation offer a opportunity for reconceptualizing “undue difficulty” in light of this used in the majority test that is current. By reconceptualizing the typical in a fashion that is in keeping with making use of the typical throughout other types of federal legislation, my hope is the fact that bankruptcy courts will employ a typical that acknowledges the worthiness in acquiring advanced schooling and provides the same chance of a “fresh begin” from burdensome debt burden to those that pursue advanced schooling.
1 Zack Friedman, Have Student Education Loans Caused A Drop In Home Ownership? , F orbes, https: //www. Forbes.com/sites/zackfriedman/2019/01/18/student-loans-home-ownership/8d2596c3d22 (Jan. 18, 2019, 8:32 have always been).