Q: In what state (NH or CA) should I file for BK for Student Loan discharge
I am in an odd situation in which I live in both NH and CA and could claim residency at both. I would like to file BK for student loan discharge ( 93K) due to economic hardship. ( I support both CA and NH household).
I am worried that if I file in NH , I may not pass the brunner test due to NH lower cost of living. I also know that it is difficult to get Student loans discharged.
Which state would I have a better chance of having my student loans discharged?
A: Highly unlikely that they get discharged completely in either state. They almost never do. I suspect CA would be the best place, but again, not likely for much relief in either state.
A: Obtaining a discharge of student loans is likely to be equally difficult in both states. If you consider one state to be your domicile (permanent residence were you always intend to return) and the other to be a temporary residence, then you would presumably file in the state where you maintain your domicile.
A: I agree with my colleagues and also advise that you actually consult with a bankruptcy attorney so an analysis can be done for you. It is very difficult to discharge student loans and even though you may think you can file in either state, that too needs to be properly analyzed.
A: You have received great answers and I can't add anything to them.. Other than to stress that you should consult with an experienced Bankruptcy attorney and go over you whole situation.
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