Kelsey Lynne Hess and you may Andrew C.S. Wolfs, The Conversation
To get rid of education loan debt courtesy case of bankruptcy, you ought to persuade brand new legal that repaying your scholar money create end up in an enthusiastic “unnecessary adversity.” In our very own peer-reviewed examination of almost 700 education loan discharge instances spanning 1985 so you’re able to 2020, we found that judges’ behavior so you can write off college loans are often dependent on personal things, like your gender.
To choose whether or not repaying the new education loan debt is causing the latest debtor to experience an excessive hardship, really process of law use three criteria detailed from inside the a situation labeled as “Brunner.”
Around Brunner, to prove he could be feeling an excessive difficulty, debtors must earliest reveal that repaying its student education loans wouldn’t allow them to take care of a decreased total well being.Continue reading