Witkowski v. US Department of Education

What this case is about

This lawsuit was filed by a borrower challenging the treatment of their student loan debt in what appears to be a bankruptcy-related proceeding. The plaintiff is seeking to have their student loan declared dischargeable, arguing that the standard legal protections that normally prevent student loans from being wiped out in bankruptcy should not apply in their situation. Under federal bankruptcy law, student loans are generally very difficult to discharge unless the borrower can prove that repaying them would cause undue hardship. The plaintiff is challenging the Department of Education's position on this debt. The proposed class likely includes similarly situated borrowers who are seeking to discharge their federal student loans through bankruptcy proceedings.

What happens next

The case is in its earliest stage. The defendant has not yet responded. Class certification — the court's decision on whether the case can proceed as a class action — typically takes 12 to 24 months after filing. See our FAQ for how class actions work and what it means to be a class member.

Source: CourtListener docket entry. This summary was generated automatically from the public docket and has not been reviewed by an attorney. It may contain errors and may not reflect subsequent filings. Published by Access Law Group; responsible attorney Bogdan Enica, Esq..