Stopping Abusive Student Loan Collection Practices in Bankruptcy Act of 2023

Bill: 118-hr-306
Sponsor: full_name: Rep. Thanedar, Shri [D-MI-13]
Introduced: 2023-01-11
Policy area: Finance and Financial Sector
Subjects: Bankruptcy

Higher education

Student aid and college costs
Latest action: action_date: 2023-01-11
text: Referred to the House Committee on the Judiciary.

Summaries:
action_date: 2023-01-11
action_desc: Introduced in House
text: <p><b>Stopping Abusive Student Loan Collection Practices in Bankruptcy Act of 2023 </b></p> <p>This bill requires a bankruptcy court to grant a debtor attorney's fees and the costs of the proceeding if (1) the debtor's student loan debt is discharged on the basis of undue hardship, and (2) the court finds that the creditor's position was not substantially justified. </p>

tv_txt: I 118th CONGRESS 1st Session H. R. 306 IN THE HOUSE OF REPRESENTATIVES January 11, 2023 Mr. Thanedar introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 11 of the United States Code to stop abusive student loan collection practices in bankruptcy cases.

1. Short title This Act may be cited as the Stopping Abusive Student Loan Collection Practices in Bankruptcy Act of 2023 . 2. Amendment Section 523(d) of title 11 of the United States Code is amended by striking of this section and inserting or the debtor requests a determination of the dischargeability of a debt based on undue hardship under subsection (a)(8) . 3. Effective date; application of amendment (a) Effective date Except as provided in subsection (b), this Act and the amendment made by this Act shall take effect on the date of the enactment of this Act. (b) Application of amendment The amendment made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act.