Talk:Adversary proceeding in bankruptcy (United States)

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Does this apply in the legal system if India, Morrocco, or Ireland? I guess it is probably US law - but like so many articles round here it tends to forget the existence of the rest of the world and not bother to specify what country it applies to. --Doc (?) 19:01, 16 August 2005 (UTC)

To say that "[s]tudent loans can be discharged through bankruptcy by use of the adversary proceeding" without any more explanation is a little misleading. Often, student loans cannot be discharged. The U.S. Bankruptcy Code does not define student loan, but section 523(a)(8) of the Bankruptcy Code states that "[a] discharge . . . . does not discharge an individual debtor from any debt . . . for (A)(i) an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution; or (ii) an obligation to repay funds received as an educational benefit, scholarship, or stipend; or (B) any other educational loan that is a qualified education loan, as defined in section 221(d)(1) of the Internal Revenue Code of 1986, incurred by a debtor who is an individual" unless "excepting such debt from discharge . . . would impose an undue hardship on the debtor and the debtor's dependents[.]" 11 U.S.C. § 523(a)(8). —Preceding unsigned comment added by 64.83.85.10 (talk) 15:23, 5 August 2009 (UTC)