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16 Jan 2023, 6:00 am by Damon Duncan
Brunner Test: Determining student loan dischargeability The Brunner test is a legal standard used to determine whether student loans can be discharged (eliminated) in bankruptcy. [read post]
28 Jan 2008, 12:18 am
While paying a student loan outside a Chapter 13 plan may be an option in bankruptcy, student loan debt may help an above median debtor pass the means test and file a Chapter 7. [read post]
24 Oct 2016, 10:00 am by The Sader Law Firm
The totality of circumstances test (Missouri courts allow this test) has led to the successful discharge of student loans in the Eighth Circuit Court of Appeals. [read post]
20 May 2013, 1:31 pm by Thomas McAvity
Bankruptcy courts in both Oregon and Washington rely on the three-part Brunner test to asses whether a student loan is dischargeable in bankruptcy based on a claim of undue hardship. [read post]
28 Jan 2018, 6:40 pm by Norma Duenas
” You don’t need to take and pass the “means test” and can still file a Chapter 7 case, quickly discharging all or most of your non-student loan debts so you can then focus on your student loans. [read post]
Bankruptcy lawyers and their clients are plagued by the Brunner test when trying to discharge student loans. [read post]
31 Oct 2013, 9:24 am by Sam Turco
In the Eighth Circuit (which includes Nebraska), the courts utilize a Totality of the Circumstances Test to determine if a student loan may be discharged. [read post]
5 Feb 2023, 12:06 pm by Christie D. Arkovich, P.A.
The Brunner standard is a legal test used in certain circumstances to determine whether a borrower’s federal student loans can be discharged in bankruptcy. [read post]
23 Aug 2007, 9:08 pm
Bankruptcy courts in all but one circuit rely on the so-called three-part Brunner test for determining whether a student loan is dischargeable in bankruptcy based on a claim of undue hardship. [read post]
11 Dec 2014, 6:41 am by David Offen
Regardless of which test a court uses, most will do whatever they can to keep student loan debt intact. [read post]
8 Feb 2024, 3:05 pm by Richard West
Courts use the Brunner test to evaluate whether paying back student loans poses an undue hardship. [read post]
4 Nov 2013, 2:00 am by Sam Turco
  The most difficult defense raised by federal student loan creditors when seeking a discharge of student loans is the availability of the income-based payment plans. [read post]
13 Mar 2017, 10:00 am by The Sader Law Firm
The very act of filing for bankruptcy on student loans may lead to a reduction in your student loan debt. [read post]
19 Oct 2023, 8:06 am by Christie D. Arkovich, P.A.
  Try this test:  call 3-4 times, see how many different answers you get… 5.0 stars Continue reading → The post On Hold with Your Student Loan Servicer? [read post]
27 Jan 2016, 10:00 am by The Sader Law Firm
Had SCOTUS ruled on Tetzlaff’s case and applied the totality of circumstances test, it would have become the universal standard for proving undue hardship during student loan bankruptcy cases. [read post]
21 Aug 2020, 6:18 am by David M. Offen Esq.
§ 221(d)(2) a student must be attending school at least half-time for the private student loan to be subject to the undue hardship test. [read post]
5 Mar 2020, 6:42 pm by Christie D. Arkovich, P.A.
Lawyers often spend too much time focused on whether a debtor meets the Brunner test for undue hardship that they miss major opportunities to reduce and eliminate federal and private student loan debt. [read post]