I. INTRODUCTION In 1978, Congress began to place strict limits on the dischargeability of student loans pursuant to the Bankruptcy Code, and has continued to increase these restrictions in the thirty years since. (1) Currently, courts consider whether to discharge student loans using harsh tests that require debtors to show a "certainty of hopelessness." (2) Under such rigorous standards, many deserving debtors with serious mental health problems have been denied discharge of their student loans. This paper will discuss the history of the dischargeability of student loans and the various tests currently used by the courts, as well as how mental health issues affect the outcome of dischargeability actions. Courts have struggled with mental health issues and their affect on dischargeability since the restrictions were added and will continue to do so without further guidance from Congress establishing a uniform standard for discharge.
