This bill amends section 523(a)(8) of title 11, United States Code, to modify the types of educational debts that are exempt from discharge in bankruptcy. A primary change is the elimination of subparagraph (B) , which currently prevents the discharge of obligations to repay educational benefits, scholarships, or stipends, thereby making these debts dischargeable. Furthermore, the bill revises subparagraph (A) of section 523(a)(8), which addresses loans made or guaranteed by governmental units or nonprofit institutions. It alters the criteria for non-dischargeability by requiring that "substantially all" of the funds for a program be provided by such entities, rather than "in whole or in part," thereby narrowing the category of non-dischargeable government or nonprofit-backed educational loans. These amendments will apply to bankruptcy cases commenced on or after the bill's enactment date.
Private Student Loan Bankruptcy Fairness Act of 2023
Introduced in House
Referred to the House Committee on the Judiciary.
Finance and Financial Sector
Private Student Loan Bankruptcy Fairness Act of 2025
USA119th CongressHR-423| House
| Updated: 1/15/2025
This bill amends section 523(a)(8) of title 11, United States Code, to modify the types of educational debts that are exempt from discharge in bankruptcy. A primary change is the elimination of subparagraph (B) , which currently prevents the discharge of obligations to repay educational benefits, scholarships, or stipends, thereby making these debts dischargeable. Furthermore, the bill revises subparagraph (A) of section 523(a)(8), which addresses loans made or guaranteed by governmental units or nonprofit institutions. It alters the criteria for non-dischargeability by requiring that "substantially all" of the funds for a program be provided by such entities, rather than "in whole or in part," thereby narrowing the category of non-dischargeable government or nonprofit-backed educational loans. These amendments will apply to bankruptcy cases commenced on or after the bill's enactment date.