Fifth Circuit Makes Student Loans Even More Difficult to Discharge

In the Fifth Circuit, student loans are arguably more difficult to discharge than elsewhere. The New Orleans-based appeals raised the already-high bar by holding that student loans may not be discharged unless “repayment would impose intolerable difficulties on the debtor.” To meet the Brunner/Gerhardt test in the Fifth Circuit, a debtor evidently must be both disabled and unemployable.

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