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Student Loan Debt - Stone Haven Law Group LLC.
2 pages
Publié par
stonehavenlawgroup
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Can I get rid of this student loan debt?
I am in default on my student loans.
Can bankruptcy help me get rid of this debt?
Student loans are non dischargeable, generally.
To discharge a student loan obligation through
bankruptcy...
[Plus]
Can I get rid of this student loan debt?
I am in default on my student loans.
Can bankruptcy help me get rid of this debt?
Student loans are non dischargeable, generally.
To discharge a student loan obligation through
bankruptcy you must file a complaint requesting that your government-owned student loans be
discharged pursuant to section Bankruptcy Code Section 523(a)(8).
The standard for the Court
to determine your student loan obligation discharged was set in the case Brunner v.
New York
State Higher Education Services Corp.
in 1987.
This means you need to satisfy the so-called
“Brunner Test” and the court is to consider: (1) you current level of income and expenses, and
determine whether you can maintain a minimal standard of living for you and your dependents if
you are required to repay the loans; (2) whether there are additional circumstances suggesting
that your current financial condition is likely to continue for a significant portion of the
repayment p
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