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Is it possible to get rid of students loans through bankruptcy?

On Behalf of | Dec 12, 2017 | Bankruptcy Reform

If you are like many people in Florida, you have student loan debt. It is probably quite a large amount, too. If you are struggling financially, you may have even considered bankruptcy to relieve you of your debt. However, you were probably made aware that you cannot discharge student loan debt in a bankruptcy. While this is true for most people, you may be in the minority who can discharge student loans in bankruptcy. 

According to U.S. News & World Report, if you can prove your student loans cause you undue hardship, then you may be able to discharge them in a bankruptcy. There are no formal laws about how a court should determine if you meet the financial requirement. However, the common test used is called the Brunner test. 

Under the Brunner test, your income will be checked to see if you can maintain the minimum standard of living while paying and also to see if your financial situation will change in the future. You also have to prove that you have tried to pay your loans. Do note that not many people will qualify for undue hardship. In large part, this is because there are many repayment options designed specifically for people who have lower incomes. If you can qualify for one of those, you will not likely pass the Brunner test.

While most people will not be able to discharge student loans through bankruptcy, it never hurts to check, especially if you have a very difficult financial situation. This information is for education only and not intended to be legal advice. 


Kingcade & Garcia | A Miami Law Firm