Livonia, MI asked in Bankruptcy for Michigan

Q: What is taken into consideration for including student loans in bankruptcy.... trying to figure if I have a good chance

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1 Lawyer Answer
Robert Keyes
Robert Keyes
  • Bankruptcy Lawyer
  • Ypsilanti, MI
  • Licensed in Michigan

A: The bankruptcy court uses something called the Brunner test. (Named after the definitive case.)

The bankruptcy court looks at the following three factors to determine if repayment of your student loans would cause an undue hardship, thereby justifying discharge of some or all of your student loan debt through bankruptcy.

1 - Based upon your current income and expenses, you cannot maintain a minimal standard of living for yourself and your dependents if you are forced to repay your loans.

2 - Your current financial situation is likely to continue for a big part of the repayment period.

3 - You have made a good faith effort to repay your student loans.

It's very tough to meet that standard although it does happen. Check out this article.

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