38 U.S.C. § 7634: Breach of agreement; waiver…

Summary

If a person in the Educational Assistance Program dies, any duty they had to do required service or to pay damages is canceled. The Secretary must write rules to forgive or pause a participant’s service or payment duties when failure to comply was caused by things beyond the person’s control or when forgiving or pausing is in the best interest of the United States. A duty to pay damages cannot be wiped out in bankruptcy under title 11 until a five-year period that starts on the first date the payment is due.

Title 38, §7634

Veterans' Benefits, Source: USLM XML via OLRC

(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 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.

(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 such damages is due.

Editorial Notes

Amendments

1991—Pub. L. 102–40 renumbered section 4334 of this title as this section. Subsec. (b). Pub. L. 102–83 substituted “Secretary” for “Administrator” in two places.

§7634 Breach of Agreement; Waiver of Liability

Summary

Title 38, §7634

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata