Private Student Loan Bankruptcy Fairness Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 138 To amend title 11 of the United States Code to modify the dischargeability of debts for certain educational payments and loans. IN THE HOUSE OF REPRESENTATIVES JANUARY 9, 2023 Mr. COHEN (for himself, Mr. DAVIS of Illinois, Mr. SWALWELL, Ms. BROWNLEY, and Mr. KHANNA) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 11 of the United States Code to modify the dischargeability of debts for certain educational pay- ments and loans. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Private Student Loan 4 Bankruptcy Fairness Act of 2023’’. 5 SEC. 2. EXCEPTIONS TO DISCHARGE. 6 Section 523(a)(8) of title 11, United States Code, is 7 amended— 8 (1) by striking subparagraph (B); and 9 VerDate Sep 11 2014 23:25 Jan 17, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H138.IH H138 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 138 IH (2) in subparagraph (A)— 1 (A) in clause (i)— 2 (i) by striking ‘‘(i)’’; and 3 (ii) by inserting ‘‘any program for 4 which substantially all of the funds are 5 provided by a’’ after ‘‘unit or’’; and 6 (B) in clause (ii)— 7 (i) by striking ‘‘(ii)’’ and inserting 8 ‘‘(B)’’; and 9 (ii) by striking ‘‘or’’ at the end. 10 SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. 11 (a) EFFECTIVE DATE.—Except as provided in sub- 12 section (b), this Act and the amendments made by this 13 Act shall take effect on the date of the enactment of this 14 Act. 15 (b) APPLICATION OF AMENDMENTS.—The amend- 16 ments made by this Act shall apply only with respect to 17 cases commenced under title 11 of the United States Code 18 on or after the date of the enactment of this Act. 19 Æ VerDate Sep 11 2014 23:25 Jan 17, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H138.IH H138 pbinns on DSKJLVW7X2PROD with $$_JOB