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U.S. Supreme Court

Mar. 25, 2010

Courts Must Ask Debtors To Establish Hardship

The U.S. Supreme Court concluded Tuesday that the failure of a debtor to show he would struggle to pay what he owed did not void a bankruptcy court judgment discharging his student loan debt.

By Lawrence Hurley

Daily Journal Staff Writer

WASHINGTON - In a unanimous ruling, the U.S. Supreme Court concluded Tuesday that the failure of a debtor to show that he would struggle to pay what he owed did not void a bankruptcy court judgment discharging his student loan debt.

But the court stressed that in the future, bankruptcy courts should always order debtors to prove "undue hardship," a requirement for those se...

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