AI is awesome for summaries...
Student loans became
more difficult to discharge in bankruptcy starting in 1978 with the passage of the Bankruptcy Reform Act.
Here's a breakdown of the key changes over time:
- Before 1976: Student loans were generally dischargeable in bankruptcy like other unsecured debts.
- 1978 (Bankruptcy Reform Act): Federal and government-backed student loans were initially made nondischargeable for the first five years of repayment.
- 1990 (Crime Control Act): The nondischargeable period was extended from five to seven years.
- 1998 (Higher Education Amendments): The seven-year waiting period was eliminated, making both federal and most private student loans nondischargeable unless the borrower could prove "undue hardship".
- 2005 (Bankruptcy Abuse Prevention and Consumer Protection Act - BAPCPA): This act extended the nondischargeable status to virtually all qualified education loans, including most private student loans, regardless of association with a nonprofit organization.
What I do know is they REALLY started pushing the FAFSA stuff on us as students starting in 1991 and 1992. It wasn't exactly subtle.