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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116215
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hello and good morning....here gos...my question is if I file

Resolved Question:

Hello and good morning....here go's...my question is if I file bankrupcy in Fl. would that wipe out my student loan debt.
Submitted: 4 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 years ago.
I am afraid that while student loan debt may be discharged in bankruptcy, it is rarely if ever done. In order to have them discharged you have to prove pretty much that you are indigent and unable to even pay your ordinary bills.

The courts use the Brunner test which requires a showing that 1) the debtor cannot maintain, based on current income and expenses, a “minimal” standard of living for the debtor and the debtor’s dependents if forced to repay the student loans; 2) additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and 3) the debtor has made good faith efforts to repay the loans. (Brunner v. New York State Higher Educ. Servs. Corp., 831 F. 2d 395 (2d Cir. 1987).

Private and subsidized student educational loans are treated the same by the bankruptcy court and very rarely discharged and the burden of proof under Brunner is fairly high for people to ever meet which is why they are rarely discharged.


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Customer: replied 4 years ago.
well sir i am 53 yrs old...retired NAVY and student loans is the root of my financial woes i served 20 yrs for my country on six month deployments missing child births and what goes along those lines.....and i never got a GI Bill...getting to the point....don't you think those years of service count as showing good faith to pay the loan once i retired....UNCLE SAM SHOULD PROVIDED ME WITH A LEG UP ON CIVILXXXXX XXXXXFE...HOWEVER THEY SAID SINCE I ENLISTED UNDER VEAP (VETERANS EDUCATION ASSISTANCE PROGRAM) AND DIDN'T LEAVE A DOLLAR IN THE ACCOUNT IT COULD NOT BE SWITCHED TO A GI BILL SO L HAVE NOTHING. AND BARELY TAKING HOME A PAYCHECK DUE TO GARNISHMENTS AND A JUDGEMENT. I FEEL I QUALIFY FOR LOAN FORGIVENESS. DUE TO 20 YEAR OF SERVING THIS GREAT COUNTRY OF OURS.
Expert:  Law Educator, Esq. replied 4 years ago.
I am sorry to hear this as it is depressing to know that the government does not take care of our men who protected our country. The service may show good faith intent to pay the loans, but while you feel you qualify for loan forgiveness based on that alone, the courts do not quite see it that way and you have to prove each of the elements outlined above when you file your bankruptcy.
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