Accordingly, the Department is requesting
public comment on factors to be considered in evaluating undue hardship claims asserted by student loan borrowers in adversary proceedings filed in bankruptcy cases, the weight to be given to such factors, whether the existence of two tests for evaluation of undue hardship claims results in inequities among borrowers
seeking undue hardship discharge, and how all of these, and potentially
additional, considerations should weigh into whether an undue hardship claim should be conceded by the loan holder.»