Q: I recently filed a Ch 7 bankruptcy with an attorney and it was recently discharged. I requested an adversary proceeding
and it was not completed. I am aware of the Brunner Test and made my lawyer aware of it as well but the lawyer did not move forward on it or do anything to assist me and I was told "they won't discharge it". I am well aware that some have been by proving undue hardship and seriously need the assistance of an attorney to assist me in taking this on and fighting it. If someone could reach out to me, I would be happy to share detailed information regarding this situation. I lost my car as it was totaled in a car accident, my house was in foreclosure and is currently in process of selling (thank goodness) but with my salary, I cannot even afford to pay rent after paying my car payment so I can get back and forth to work. There is more to this and I know that it can be done, but it seems no-one wants to help me and take it national and make a case. I am not the only one living this student debt nightmare. Let me add- they did not even let me discuss it. How is that fair?
A: Hello, the Brunner Test is not easy to overcome. You will also have to spend money to litigate this matter. I would call around but if most attorneys do not want to handle it then you may not have a good case. Try to contact a few other attorneys and explain your situation. If your case has been heard and you recieved your discharge it’s unlikely attorneys will want to get involved and reopen the case
A: Brunner Test is an extremely difficult burden to meet, and even if you can met it, you will almost certainly not have all your debts wiped out. In addition, an adversary proceeding requires a significant retainer and there are no guarantees for success. The Brunner test has three parts that evaluate whether or not a debtor can afford to pay off their student loans. The Brunner test is named after the case in which it was first used, Brunner v. New York Higher Education Services Corp. The debtor must show the judge that: He has made good faith efforts to repay his student loans. He cannot maintain, based on current income and expenses, a "minimal" standard of living for himself and his dependents if forced to repay the loans. 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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
