A. Reaffirmation Agreements into the Bankruptcy Code


A. Reaffirmation Agreements into the Bankruptcy Code

The use of the undue hardship standard in the reaffirmation agreement provision suggests that the undue hardship analysis should primarily focus on the current financial circumstances of a debtor in the Bankruptcy Code. As recognized by scholars, the reaffirmation contract supply is truly the only other place undue difficulty seems into the Bankruptcy Code bes 59 See quick for Professor Rafael Pardo as Amicus Curiae, p. 11–13, Murphy v. U.S. Dept. Of Educ., No. 14-1691 (1st Cir. Oct. 25, 2016). Under 11 U.S.C. § 524, the provision regulating reaffirmation agreements, an understanding that produces the debtor legally obliged to settle a debt that will otherwise be discharged is enforceable as long as a number of needs supposed to safeguard the debtor’s fresh begin are typical satisfied. 60 11 U.S.C. § 524(m)(1).

Among these needs includes language that the contract must “not impose a hardship that is undue the debtor or perhaps a dependent of this debtor. ” 61 Id. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) clarified the hardship that is“undue standard into the reaffirmation contract context by prov 62 Id. If the presumption arises, it may be rebutted only when the debtor has the capacity to 63 Id. Properly, the supply centers around the debtor’s ability to repay a financial obligation decided by the debtor’s disposable earnings, which finally steps the consequence that the reaffirmation contract might have regarding the future livelihood associated with debtor.

As the Bankruptcy Code itself sheds some light on exactly what the undue hardship standard means, it’s well worth looking beyond it to many other conditions of federal code that apply the hardship that is undue to discern a far more coherent way of interpreting and applying the typical for purposes of § 523(a)(8) within the Bankruptcy Code. By analyzing the undue hardship standard into the context of general public security benefits, work discrimination, pupil school funding eligibility, taxation re payment extensions, social protection benefits, and breakthrough in civil litigation, typical threads occur that declare that an assessment of good faith or conduct generally speaking in an undue difficulty analysis is misguided. In reality, other law that is federal strong help for the summary that Congress meant undue difficulty to pay attention to the effect or impact a so-called difficulty is wearing an individual as opposed to assessing the cause of the difficulty, whether a person has made an excellent faith work in order to prevent their difficulty, and whether or not the difficulty will continue.

B. Public Safety Officer Death Benefits

In terms of cons 64 See Brief for Professor Rafael Pardo as Amicus Curiae, p. 11–13, Murphy v. U.S. Dept. Of Educ., No. 14-1691 (1st Cir. Oct. 25, 2016). A prime exemplory instance of this will be based in the Public Safety Officers’ pros Act, which established a course to prov 65 34 U.S.C. § 10281(m). The supply, 34 U.S.C. § 10281(m), which provides the expression undue difficulty, concerns collection actions of advantages which can be disbursed pursuant to a statute enacted retroactively or in mistake, and reads in whole the following: “The Bureau may suspend or end collection action on a sum disbursed pursuant to a statute enacted retroactively or elsewhere disbursed in mistake under subsection (a) or (c) with this part, where such collection could be impractical, or would cause undue difficulty to a debtor whom acted in good faith. ” 66 Id. An undue hardship serves as a defense against collection actions for benefits disbursed in error or benefits disbursed under a statute enacted retroactively in other words.

Undue hardship in this context is not interpreted just in case legislation, regulations, or gu 67 Duncan v. Walker, 533 U.S. 167, 174 (2001). Quite simply, a statute shouldn’t be interpreted in a fashion that renders a term or expression superfluous whenever such an interpretation could be avo 68 united states of america v. E-Gold, Ltd., 550 F. Supp. 2d 82, 93 (D.D.C. 2008). The latter half of § 10281(m) using the clause “acted in good faith” would be insignificant, if not wholly superfluous, since the undue hardship analysis would already include an inquiry into the good faith of the debtor if the undue hardship standard were to include an inquiry into good faith. The Supreme Court has explained, it’s “reluctant to deal with terms that are statutory surplusage” in every setting. ” 69 Duncan v. Walker, 533 U.S. At 174; see Babbitt v. Sweet Home Chapter, Communities for Great Ore., 515 U.S. 687, 698 (1995); see also Ratzlaf v. United States, 510 U.S. 135, 140 (1994) (“judges should hesitate to take care of terms that are statutory surplusage in almost any environment). This exemplory case of statutory construction that produces an express difference between undue difficulty and good faith provides strong support when it comes to summary that a meaning for undue hardship within the bankruptcy context should not add facets that evaluate good faith efforts or pre-bankruptcy conduct that is debtor’s.

C. Employment Discrimination

The application of the undue difficulty standard as a protection for the employer who cannot make rooms for a member of staff additionally supports the final outcome installment loans illinois that the undue hardship analysis should consider an indiv 70 See Gregory S. Crespi, effectiveness Rejected: Evaluating Undue Hardship Claims underneath the People in the us with Disabilities Act, 26 Tulsa L. R. 1, 2–3 (1990). Especially, the statute provides that discriminating:

Against a professional indiv 71 42 U.S. C § 12112.


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