The National Consumer Law Center, on behalf of its low-income clients, submitted the following comments in response to the Department of Education’s request for information on evaluating undue hardship claims in bankruptcy. We thank the Department for this opportunity, and we are hopeful that the Department will develop helpful guidance on the appropriate factors to consider in deciding when not to oppose a debtor’s request for an undue hardship discharge.
We urge the Department to take a fresh look at this issue and ignore or completely reformulate the “Dear Colleague Letter Gen.-15-13” issued in 2015.