Bankruptcy 'opportunity' after student loan crisis

The escalating student loan crisis in America has led to an increasing number of citizens seeking relief through bankruptcy, a process made more accessible by a recent change in the Biden administration. Elizabeth Hadzic, a divorced mother of three, envisions a life free from the burden of student debt, where she could establish her own therapy practice, return to her native Canada, work remotely, and spend quality time with her grandchild.

In the previous year, the US government announced a modification to the bankruptcy process, making it more feasible for individuals to discharge their student loans. This development holds significant implications in a nation where over 43 million people are saddled with student debt, amounting to a staggering total of more than $1. 7 trillion. Many borrowers continue to grapple with hefty monthly payments, years after completing their education. For Elizabeth, bankruptcy presents an opportunity that was previously inconceivable.

Historically, student loans in the US have been more challenging to discharge compared to other forms of debt, such as credit card debt. Borrowers were required to demonstrate 'undue hardship' if they were unable to repay, leading to contentious legal disputes. These regulations were designed to deter individuals from accumulating substantial loans without the intent to repay, thereby limiting the potential financial burden on the federal government, the primary provider of student loans in the US. However, critics argue that these measures have resulted in an excessively punitive system, with numerous accounts of the government pursuing bankrupt single mothers and cancer patients for unaffordable monthly debts.