Not often, but that trend may be changing. As being a Denver bankruptcy lawyer, I’m sure exactly just how hard it could be to navigate education loan repayment/forgiveness choices.
In 2005, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act which managed to make it more challenging to discharge federal or personal figuratively speaking in bankruptcy. Nevertheless, if your customer can show hardship that is“undue” their figuratively speaking could be released within an adversarial proceeding. An adversarial proceeding is comparable to a split suit which can be pertaining to a bankruptcy instance, but still heard by exactly the same Bankruptcy Judge since the instances are associated.
Generally speaking, to show undue harship, customers have to pass the Brunner test that was utilized during an instance back 1987.