I
118THCONGRESS
1
STSESSION 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
JANUARY9, 2023
Mr. C
OHEN(for himself, Mr. DAVISof Illinois, Mr. SWALWELL, Ms.
B
ROWNLEY, 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 $$_JOB 2
•HR 138 IH
(2) in subparagraph (A)— 1
(A) in clause (i)— 2
(i) by striking ‘‘(i)’’; and 3
(ii) by inserting ‘‘any program for 4
which substantially all of the funds are 5
provided by a’’ after ‘‘unit or’’; and 6
(B) in clause (ii)— 7
(i) by striking ‘‘(ii)’’ and inserting 8
‘‘(B)’’; and 9
(ii) by striking ‘‘or’’ at the end. 10
SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. 11
(a) E
FFECTIVEDATE.—Except as provided in sub-12
section (b), this Act and the amendments made by this 13
Act shall take effect on the date of the enactment of this 14
Act. 15
(b) A
PPLICATION OFAMENDMENTS.—The amend-16
ments made by this Act shall apply only with respect to 17
cases commenced under title 11 of the United States Code 18
on or after the date of the enactment of this Act. 19
Æ
VerDate Sep 11 2014 23:25 Jan 17, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H138.IH H138
pbinns on DSKJLVW7X2PROD with $$_JOB