The problem with the DOJ announcing plans to allow individuals to discharge their federal student loans is that the current law says these can only be discharged if the student can prove an “undue hardship” from having to pay these loans - period! So, instead of changing the law, the DOJ is going to redefine what “undue hardship” means!
Oh my God! These students are down to only being able to afford TWO Starbucks lattes a week! This is an OBVIOUS “undue hardship” for them, and they should be forgiven their student loans!!
The DOJ trying to circumvent or otherwise navigate around the LAW should be disconcerting to everyone with a single brain cell who understands what “the rule of law” means! And if they understand that, then they KNOW this is blatantly UNCONSTITUTIONAL...just like the original Presidential Edict!!
An undue hardship for the kiddies is not having the latest $1200 iPhone.
“The problem with the DOJ announcing plans to allow individuals to discharge their federal student loans is that the current law says these can only be discharged if the student can prove an “undue hardship” from having to pay these loans - period! So, instead of changing the law, the DOJ is going to redefine what “undue hardship” means!”
Each case would have to be individually adjudicated by a bankruptcy judge. They can not do a blanket redefinition of undue hardship since it is defined by statute. It can’t be redefined by regulation since it is the judiciary, (bankruptcy court), that will be required to follow the current statute, not a regulation defining the statute.