Bankruptcy Options

Bankruptcy won't eliminate any student loan debt unless your attorney files and wins in an "Adversary Proceeding."

An Adversary Proceeding is a lawsuit within a bankruptcy. Eliminating student loan debt in bankruptcy is only available in limited situations. Though politicians and policymakers debate whether to change these laws, eliminating student loans in bankruptcy requires three conditions. A court case called “The Brunner Test” sets out the criteria.

Given their current income and expenses, the borrower cannot maintain a “minimal” standard of living if compelled to repay their student loans.

This situation is likely to persist.

The borrower tried to repay these loans.

Passing the Brunner Test requires you to prove exceptional hardships that prevent you from repaying this debt. Eliminating a student loan through bankruptcy is costly and risky. For your lawsuit to be successful, you must have documents demonstrating why you can’t earn more. For example, you might have to submit your medical records or undergo a functional capacity examination to test how well you can perform various job skills. After completing this examination, a report will describe your employment limitations and why you cannot obtain employment that pays enough to let you afford to repay some of your student loan debt.

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