My wife and I have filed a joint bankruptcy. I filed to have my student loans discharged, but she did not. Can her loans be considered for discharge based upon what I filed, or does she have to file something herself?
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My wife and I have filed a joint bankruptcy. I filed to have my student loans discharged, but she did not. Can her loans be considered for discharge based upon what I filed, or does she have to file something herself?
If we're talking about guaranteed student loans, it's difficult to discharge the loans -- and I assume that's the case, or they would be included in your bankruptcy as ordinary debt. If you don't have a bankruptcy lawyer, you should really team up with one and have your lawyer evaluate your situation under the Brunner test:
1. Based on current income and expenses, you cannot maintain a minimal standard of living for yourself and dependents if forced to pay off student loans;
2. Additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and
3. You have made good faith efforts to repay the loans.
Very few people can meet those requirements.
And yes, if your spouse wants her student loans fully or partially discharged, she must petition for that to happen.