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  1. #1
    Join Date
    Sep 2016

    Default How to Get a Hardship Discharge of Student Loan Debt

    If you file for bankruptcy protection, how do you get a discharge of student loan debt? What is sufficient hardship?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: How to Get a Hardship Discharge of Student Loan Debt

    If we're talking about federally guaranteed student loans, the short answer is, you probably don't -- and even if you manage to get a discharge, odds are it will be partial.

    Discharge is governed by the Brunner test -- the debtor must prove all three elements:

    (1) that the debtor cannot maintain, based on current income and expenses, a "minimal" standard of living for herself and her dependents if forced to repay the loans;

    (2) that 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) that the debtor has made good faith efforts to repay the loans.

    See 11 U.S.C. Sec. 523(a)(8)(B).

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