Jordan, NY asked in Bankruptcy for New York

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?

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2 Lawyer Answers
Karra Kingston
Karra Kingston
Answered
  • Bankruptcy Lawyer
  • Staten Island

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

Leonard R. Boyer
Leonard R. Boyer
Answered
  • Bankruptcy Lawyer
  • Brooklyn, NY

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.

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