During this time of deciding where to attend college, high school graduates often face this question. With the increase in student loan debt over the last …show more content…
Under Chapter 7, one must prove there is little to no disposable income to cover the debt. Chapter 13 is for debtors with excessive income who can afford to pay partial debts back. The process of both options takes three to six months to finalize and to have the debt discharged. Unfortunately, unless you can prove an “undue hardship”, only then can a student loan debt be exempt. According to the Federal Student aid website, most courts use the ‘Brunner Test’ to define “undue hardship”. Here are the three requirements: First, you must make a good-faith effort to repay the loan before you filed for bankruptcy. Second, whether or not your financial hardship would continue for a significant portion of the repayment period if you were force to repay the loan; and thirdly, the condition to maintain the minimal standard of living, if you were force to repay the loan. If your lawyer can prove you meet these conditions, there is a chance your loan will be discharged, but how possible is