How does bankruptcy affect student loans

Learn about the Brunner test and more

How does bankruptcy affect student loans

Bankruptcy can affect student loans by having it discharged. The burden will be on you to prove that the student loan is causing undue hardship on you and your dependents. If you can do this, the court will absolve you of your student loan debts.

Courts use a Brunner test to determine if they will discharge your student loans in bankruptcy:

  1. Cannot maintain a basic standard of living
  2. Will be living under unbearable circumstances for the remainder of the payment period
  3. Have made an earnest effort to pay back your student loans

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