While no one ever wants to file for bankruptcy, the reasons for bankruptcy protections are well founded. Bankruptcy protection affords citizens with insurmountable debt a legal mechanism for resolving their debts, and continuing on to be productive citizens. Today, thanks to the Bankruptcy Reform Act of 2005, corporations are allowed to restructure their debt, but individuals not so much. As a result, student borrowers can never escape the debt unless he can prove that the loan is impossible to pay, a standard known as "undue hardship." A standard that has been interpreted by different courts in different ways, leading many financial reform advocates to complain about its arbitrary, sometimes cruel application. Effectively, it has become no choice at all for those who most need it most.



