The Nondischargeability of Student Loans in Bankruptcy: How the Prevailing Undue Hardship Test Creates Hardship of Its Own

This Comment argues that to ensure that every debtor receives equitable treatment with respect to the hardship exception, and to better follow congressional intent, the prevailing undue hardship test in bankruptcy cases for dischargeable debts should be amended to include a timing standard that requires courts to uniformly apply such a standard at the time a debtor files a dischargeability action. Furthermore, courts should maintain jurisdiction over hardship determinations until discharge occurs to prevent discharge of debts payable without undue hardship