Within the Bankruptcy Code, the employment of the undue hardship standard when you look at the reaffirmation contract supply shows that the undue difficulty analysis should mainly concentrate on the present economic circumstances of a debtor. The reaffirmation agreement provision is the only other place undue hardship appears in the Bankruptcy Code bes 59 See Brief for Professor Rafael Pardo as Amicus Curiae, p. 11–13, Murphy v as acknowledged by scholars. U.S. Dept. Of Educ., No. 14-1691 (1st Cir. Oct. 25, 2016). An agreement that makes the debtor legally bound to repay a debt that would otherwise be discharged is enforceable only if a variety of requirements meant to safeguard the debtor’s fresh start are all satisfied under 11 U.S.C. § 524, the provision governing reaffirmation agreements. 60 11 U.S.C. Continue reading “A. Reaffirmation Agreements within the Bankruptcy Code”
