Law360 (April 21, 2021, 2:21 PM EDT) — The path to discharging student loans in bankruptcy is presently very narrow, requiring that debtors demonstrate that repaying the debt would be an undue hardship.
For nearly 25 years, bankruptcy courts throughout much of the country have applied a test established by the U.S. Court of Appeals for the Second Circuit in Brunner v. New York State Higher Education Services Corp. to determine if a debtor’s repayment of student loans is an undue hardship.
In application, the Brunner test has proven to be a difficult burden for debtors to overcome, with discharge of student loan debt typically granted only for debtors…
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!