Posts

Rosario v. United States Department of Education, 592 US 69 (2020)

68. Rosario v. United States Department of Education , 592 U.S. 69 (2020) Kagan, J., delivered the opinion of this Court, joined by Justices Ginsburg, Sotomayor, and Breyer              Section 523(a) of the United States Bankruptcy Code exempts from discharge a variety of debts that may linger and latch onto the debtor after they have received their discharge. Most prevalent among them is Section 523(a)(8), debt for educational benefit. As of this writing, approximately 45 million Americans have bankrolled their education in part or in full via funds received as an educational benefit, cumulatively accounting for $1.6 trillion in outstanding student debt. The Bankruptcy Code was enacted in 1978, and the 1970 Commission on Bankruptcy Laws first proposed that government loans be deemed nondischargeable for five years, based upon the perception that a great number of soon-to-be-wealthy graduates of medical and law schools would abuse the system. First the compromise was made to all
Post a Comment
Read more

Deliberation

65. Deliberation In the stately oak-paneled conference room with the large rectangular table, they sat not in their ceremonial robes, but business casual.   "And we'll start the way we always start," the Chief Justice intoned, "with everyone's favorite Sphinx. Clarence, would you vote to affirm or reverse?" "Reverse," Thomas said, "Judge abused his discretion, Debtor shouldn't be able to skip out absent extraordinary circumstances, which these are clearly not." "Okay, so that's one to reverse. Who we got next, is it Stephen or Ruth? I always forget." "Nino is rolling over in his grave, Mr. Chief Justice," Ginsburg said, "Affirm. Bankruptcy judges should be afforded broad authority. The Code is to be read and interpreted as remedial legislation, designed to offer relief in unprecedented situations, such as student loans with predatory interest rates." "I couldn't have guessed that!
Post a Comment
Read more