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Government Student Loans, Government Debts and Bankruptcy: A Comparative Study — Table of Contents

Printable Version: Government student loans, government debts and bankruptcy: a comparative study (2005) (PDF Format 768 Kb — 49 pages)

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Stephanie Ben-Ishai
Assistant Professor
Osgoode Hall Law School
Sben-ishai@osgoode.yorku.ca

The funding for this report provided by the Office of the Superintendent in Bankruptcy is gratefully acknowledged. This report is part of a 3 paper (report) series on comparative consumer bankruptcy issues. The authors of the other 2 reports are Saul Schwartz and Iain Ramsay. Comments have been provided on each of the reports by the other 2 authors and the reference to "we" in this report and the others is to the 3 authors. The comments provided on this report by Saul Schwartz and Iain Ramsay are gratefully acknowledged. This report also benefited from the excellent research assistance provided by Elise Lenser.

Table of Contents

• Executive Summary
• 1. Canadian Context
  1. Overview of Government Student Loans
  2. Proposals and Reforms
• 2. Measures Towards Convergence and Triggers
  1. More Restrictive Discharge Provisions
  2. Government Student Loans Not Provable
  3. Perceived Abuses of the Bankruptcy System
  4. Increasing Number and Value of Student Loans
  5. Protecting the Public Interest: Recipient of Benefit Should Pay
  6. Development of Securitization Markets
• 3. Recommendations and Issues for Further Consideration
  1. Recommendations
     1. Public Interest and Abuse Justifications for Exception are Unsubstantiated
     2. Abolish the Exception
  2. Issues for Further Consideration
     1. The Provability of Government Student Loans
     2. The Treatment of Government Student Loans in a No-Asset Procedure
• 4. New Zealand
  1. Overview of the Government Student Loan Program
  2. Treatment of Student Loans in Bankruptcy
  3. Treatment of Student Loans in Alternative to Bankruptcy Processes
  4. Consumer Debts Not Extinguished by Bankruptcy
• 5. Australia
  1. Overview of the Government Student Loan Program
  2. Treatment of Student Loans in Bankruptcy
  3. Treatment of Student Loans in Alternative to Bankruptcy Processes
  4. Consumer Debts Not Extinguished by Bankruptcy
• 6. The United Kingdom
  1. Overview of the Government Student Loan Program
  2. Treatment of Student Loans in Bankruptcy
  3. Treatment of Student Loans in Alternative to Bankruptcy Processes
  4. Consumer Debts Not Extinguished by Bankruptcy
• 7. The United States
  1. Overview of the Government Student Loan Program
  2. Treatment of Student Loans in Bankruptcy
  3. Treatment of Student Loans in Alternative to Bankruptcy Processes
  4. Consumer Debts Not Extinguished by Bankruptcy

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