Discharging Student Loans In a Bankruptcy Case


Student loans can only be discharged in a bankruptcy case by obtaining a favorable ruling in an adversary proceeding, which is essentially a mini-lawsuit filed within the bankruptcy case. Courts use the factors set out in Brunner v. NY State Higher Educ. Serv. Corp., 831 F.2d 295 (2nd Cir. 1987) to decide if a discharge of the student loan is appropriate. The three elements of the Brunner test are....

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