Austin Bankruptcy Blog

512-640-3340

Your Student Loan Debt CAN be Discharged Through Bankruptcy

Posted by Sean T. Flynn | Dec 01, 2020 | 0 Comments

There has been long a perpetuating myth that student loan debt in America cannot be wiped out by declaring bankruptcy. The truth is quite the opposite. A court can grant you a discharge provided you can prove it is causing you ‘undue hardship'. Courts will use different tests to evaluate whether it might be causing you undue hardship. The commonly used is the Brunner test. Passing it requires you to prove that: 1. You and your dependents are unable to maintain the ‘minimal' standard of living because of the debt 2. Additional circumstances exist that will make such a state of affairs to persist for a long period 3. You had made real effort to repay your student loan debt. On the surface, this does make it seem that qualifying for a discharge might be difficult, but an empirical student from Villanova University found that judges have granted a hardship discharge to 40% of debtors who sought one. In such a context, it may be surprising to find that 99.9% of debtors who have filed for bankruptcy don't even attempt to discharge their student loans. With more and more individuals suffering from mounting student loan debt, it remains highly critical to raise awareness about how it could potentially be wiped out. Link to the study: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1894445 #bankruptcy #chapter13 #chapter7 #studentloans  

About the Author

Sean T. Flynn

Biography A graduate of the University of North Texas, Sean went on to get his JD from the University of St. Mary's School of Law. He is licensed to practice law in the State of Texas, as well as being admitted to the U.S. Federal Court in the Northern, Eastern and Western District of Texas. Sea...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

The Law Offices of Sean T. Flynn Are Here for You

At The Law Offices of Sean T. Flynn, I focus on Bankruptcy matters and I am here to listen to you and help you navigate the legal system.

Contact Me Today

The Law Offices of Sean T. Flynn is committed to answering your questions about Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, Steps For Filing Bankruptcy, Foreclosures and Repossessions, Divorce Bankruptcy, and Creditor Lawsuits issues in Austin, Texas.

I offer a free consultation and I'll gladly discuss your case with you at your convenience. Contact me today to schedule an appointment.

Austin Law Office
4408 Spicewood Springs Rd., #413
Austin, TX 78759
512-640-3340

Menu