Student Loan Discharge

Abstract

This Article examines one of the intersections of federal law, specifically the Bankruptcy Code, and free expression of religion. After a brief overview of the relevant statutes and case law for tithing or donating debtors, this Article proposes two arguments that will be relevant when a person who tithes or donates faces the difficult situation of bankruptcy. The first is a statutory argument. Although a portion of the recent Religious Freedom Restoration Act has been struck as unconstitutional, the remaining portion of this statute, along with other relevant statutes, may allow an argument for discharge of student loans. The second argument is for this matter to be settled by the bankruptcy court. The debtor would argue for the bankruptcy court to use its sound discretion to allow the discharge. The article then resolves the arguments and suggests that change to the Bankruptcy Code may be necessary to provide consistency in this issue.