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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31781
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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How do I determine what an acceptable burdon os proof is for

Customer Question

How do I determine what an acceptable burdon os proof is for
demonstraiting the "Substantial Hardship" for 523a and dischargeability of student loans. WHat tool determines if I have met the burdon?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 5 years ago.
Hi - my name is ***** ***** I'm a Bankruptcy litigation attorney here to assist you.I can tell you that the standard to overcome paying back student loans in bankruptcy is very difficult. The courts employ the "Brunner Test" for determining whether a student loan is dischargeable in bankruptcy based on a claim of undue hardship.  This test is based on Brunner v. New York State Higher Education Services Corp., 831 F.2d 395 [2d Cir. 1987] and requires a debtor to prove:(1) That the debtor cannot maintain, based on current income and expenses, a minimal standard of living for the debtor and dependents if forced to pay off student loans; (2) that 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) that the debtor has made good faith efforts to repay the loans.Here's a link that expands on this: