How To Prove Undue Hardship For Student Loans

How to prove undue hardship for student loans

Declaring bankruptcy can damage your credit, but it can also be a pathway to getting your student loans forgiven. You typically can’t discharge student loans under the bankruptcy code if they are backed by the federal government or a nonprofit or if they are considered a “qualified education loan.” To cancel the debt, you must prove undue hardship in court. Here’s what you need to know:

What is undue hardship?

Undue hardship refers to a situation where continuing to make student loan payments would unfairly affect your well-being and that of your dependents. The court can cancel some or all of your student loan debt if you can prove undue hardship. The options available differ based on the loan type, as bankruptcy discharge requirements vary. Discharging nonqualified education loans in bankruptcy is possible without proving undue hardship.

The Brunner test and the totality of circumstances approach

Proving undue hardship often involves the Brunner test. This requires you to show an inability to maintain a minimal standard of living while making loan payments, good-faith repayment efforts, and a persisting financial situation. Some courts, such as those in the First and Eighth Circuit Court of Appeals, follow the totality of circumstances approach. This considers various factors like your financial circumstances, living expenses, and more.

Steps to prove undue hardship

Proving undue hardship requires several steps:

• File for bankruptcy (Chapter 7 or 13)
• Document your case with evidence of financial need
• File an adversary proceeding against your lender
• Litigate the lawsuit, seeking legal representation if needed

Possible outcomes and settlements

If you demonstrate undue hardship, you could get partial or full discharge of your student loan debt. If denied, you might still negotiate more favorable loan terms through settlement. Courts’ interpretations can vary, impacting your success. Filing an adversary proceeding can lead to lender contests, but settlements often result in improved loan conditions.

Alternatives if undue hardship can’t be proven

If proving undue hardship proves challenging, explore alternatives:

• Consider income-driven repayment plans for federal loans
• Look into deferment and forbearance for temporary relief
• Explore closed school discharge for special cases
• Check with private lenders for repayment options

FAQs

1. What is the role of undue hardship in student loan discharge?

Undue hardship is a legal concept that plays a crucial role in the process of discharging student loans through bankruptcy. It refers to the challenging financial circumstances that could result from continuing to make loan payments. If you can prove undue hardship, you may be eligible for partial or full discharge of your student loan debt.

2. Can federal student loans be discharged in bankruptcy?

Discharging federal student loans through bankruptcy is generally more difficult compared to private loans. You must prove undue hardship to get federal student loans discharged. However, nonqualified education loans may be discharged without proving undue hardship.

3. What is the Brunner test?

The Brunner test is a legal standard used by many bankruptcy courts to assess undue hardship. It requires debtors to demonstrate three factors: an inability to maintain a minimal standard of living while repaying the loan, good-faith efforts to repay the loan, and a persisting financial situation that is unlikely to improve.

4. How does the totality of circumstances approach differ?

Some courts use the totality of circumstances approach instead of the Brunner test. This approach considers various aspects of a debtor’s financial situation, living expenses, and other relevant factors. It offers more flexibility and can lead to more student loan discharges.

5. What steps are involved in proving undue hardship?

Proving undue hardship involves several steps, including filing for bankruptcy, gathering evidence of your financial need, initiating an adversary proceeding, and litigating the lawsuit. Seeking legal representation can be beneficial during this process.

6. What are the possible outcomes of proving undue hardship?

If you successfully prove undue hardship, you could receive either partial or full discharge of your student loan debt. However, if the court denies a discharge, you might still have the option to negotiate more favorable loan terms through settlement.

7. What alternatives are available if I can’t prove undue hardship?

If proving undue hardship is challenging, you have alternative options. These include income-driven repayment plans for federal loans, deferment, forbearance, and exploring closed school discharge for special cases. It’s essential to explore these alternatives with your lender.

8. How likely is it to have student loans discharged through bankruptcy?

While the process of discharging student loans through bankruptcy can be demanding, those who properly attempt to prove undue hardship are more likely to succeed. Success rates can vary based on factors such as the type of loans and the court’s jurisdiction.

9. What should I consider before pursuing student loan discharge through bankruptcy?

Before pursuing student loan discharge through bankruptcy, it’s crucial to understand the legal process, gather the necessary documentation, and evaluate your financial circumstances. Seeking professional advice and considering alternatives is advisable.

10. Are there any tax implications of discharging student loans?

The American Rescue Plan Act of 2021 has made discharged student loan debt non-taxable at the federal level until 2025. However, be aware of your state’s tax laws, as some states may tax the amount of student loan forgiveness.