38 U.S.C. § 7634 — Breach of agreement; waiver of liability
submitted 38 years ago by Pub. L. 100-322 to r/title-38-VETERANS-BENEFITS · 157 words · no verdicts yet
This section cancels a participant’s service or damages obligation when the participant dies. It also permits waivers or suspensions in specified circumstances and limits when bankruptcy can discharge a damages obligation.
(a) An obligation under the Educational Assistance Program (or an agreement under the program) of a participant in the Educational Assistance Program for performance of services or payment of damages is canceled upon the death of the participant.
(b) The Secretary* must prescribe regulations providing for the waiver or suspension of any obligation of a participant for service or payment under the Educational Assistance Program (or an agreement under the program) whenever noncompliance by the participant is due to circumstances beyond the control of the participant or whenever the Secretary determines that the waiver or suspension of compliance is in the best interest of the United States.
(c) An obligation of a participant under the Educational Assistance Program (or an agreement thereunder) for payment of damages may not be released by a discharge in bankruptcy under title 11 before the expiration of the five-year period beginning on the first date the payment of that damages is due.
An obligation under the Educational Assistance Program (or an agreement under the program) of a participant in the Educational Assistance Program for performance of services or payment of damages is canceled upon the death of the participant.
The Secretary* shall prescribe regulations providing for the waiver or suspension of any obligation of a participant for service or payment under the Educational Assistance Program (or an agreement under the program) whenever noncompliance by the participant is due to circumstances beyond the control of the participant or whenever the Secretary determines that the waiver or suspension of compliance is in the best interest of the United States.
An obligation of a participant under the Educational Assistance Program (or an agreement thereunder) for payment of damages may not be released by a discharge in bankruptcy under title 11 before the expiration of the five-year period beginning on the first date the payment of such damages is due.
Source credit: (Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 529, § 4334; renumbered § 7634, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
- 1988Enacted · Pub. L. 100-322 · 102 Stat. 529
- 1991Amended · Pub. L. 102-40 · 105 Stat. 238
- 1991Amended · Pub. L. 102-83 · 105 Stat. 404, 405
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-322 on 1988-05-20.
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