the Bankruptcy Code, section 525, prohibits governmental units from discriminating against a person because of a prior bankruptcy or discharge of a debt. Specifically, the code provides that a governmental unit may not discriminate in cases of a ``license, permit, charter, franchise, or other similar grant'' because of a prior bankruptcy. Some courts have construed this provision very narrowly. For example, if a person has filed for bankruptcy and later applies for a Government-sponsored student loan, some courts have upheld the denial of the loan because the Bankruptcy Code does not specifically mention student loans as a category in which the Government may not discriminate. This interpretation seriously undermines the fresh start that section 525 was meant to ensure. It also may prevent a person from going back to school. The Metzenbaum amendment would specifically list student grants and/ or loans as an area in which the Government may not discriminate. Under current law, most student loans cannot be discharged in bankruptcy. This amendment will not change that law.
Editor's note · Context
Discussing the need for amendments to the Bankruptcy Code regarding discrimination in student loans.
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