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Can bankruptcy discharge my student debt?

May 9, 2014 3:02pm

Until recently, the opinion regarding filing for bankruptcy to get rid of student debt was, “don’t do it.”

The Brunner test

According to the bankruptcy code, student debts cannot usually be discharged through bankruptcy, it’s one of the debts that typically remain even when a person has been granted bankruptcy in court.

In order to prove “undue hardship,” most courts use the Brunner test.

1.Student debt prevents the individual from maintaining a minimum standard of living
2.The individual has made a good faith effort to maximize income and limit spending
3.Finally, the individual must prove that the hardship is likely going to continue for a “significant portion of the repayment period.”

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Source: businessweek.com/articles/2014-05-06/you-can-get-student-loans-forgiven-in-bankruptcy-but-its-far-from-easy

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