66 Fla. L. Rev. F. 56 (2014)
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BankruptcyFlorida Law Review Forum

Abstract

Response to Rafael I. Pardo, The Undue Hardship Thicket: On Access to Justice, Procedural Noncompliance, and Pollutive Litigation in Bankruptcy

Rafael Pardo’s article, The Undue Hardship Thicket: On Access to Justice, Procedural Noncompliance, and Pollutive Litigation in Bankruptcy, thoughtfully details how, in bankruptcy litigation involving student-loan debt, repeat-player creditors have an undoubted advantage. This advantage, however, goes beyond the standard narrative of how the resource disparities between creditor and debtor result in debtor gain. As Pardo explains, the debtor faces a stacked deck in a number of respects. Indeed, a difficult burden of proof, a complex test for carrying that burden, procedural infirmities, and an arguably vexatious litigant-creditor all combine to make just—let alone successful—litigation a near impossibility for debtors. The Undue Hardship Thicket carefully demonstrates how, like civil litigation at large, bankruptcy litigation risks disadvantaging those who are most marginalized, and thus, has negative implications for access
to justice.
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