Not often, but that trend might be changing. Being a Denver bankruptcy attorney, I’m sure just exactly how hard it may be to navigate education loan repayment/forgiveness options.
In 2005, Congress passed the Bankruptcy Abuse Prevention and customer Protection Act which managed to get more challenging to discharge federal or student that is private in bankruptcy. Nevertheless, in cases where a customer can show hardship that is“undue” their figuratively speaking could be released within an adversarial proceeding. An adversarial proceeding is comparable to a law that is separate that is pertaining to a bankruptcy instance, whilst still being heard by exactly the same Bankruptcy Judge as the instances are associated.
Generally speaking, to show harship that is undue consumers have to pass the Brunner test that was utilized during an incident back 1987. That test outlines 3 prongs which need certainly to proved to be able to establish “undue difficulty. Continue reading