Hardship Discharge of Student Loans
Posted: Sat Apr 20, 2013 9:15 am
Adversary.
I do not think there is a way around the Brunner test & the litigation.
Partial discharge is allowed but see our previous discussions. The Brunner test must apply to the particular amount of debt to be discharged. There is a new case Roth which explains the third Brunner prong which is a discussion of what constitutes a "good faith effort to repay the loan" you can download it from a previous post or http://www.ca9.uscourts.gov/bap/
We are going to have a great presentation about all of the
options a debtor has in reducing or managing that debt in May but that maybe too late. There are a lot of non bk solutions.
David
On Apr 16, 2013, at 4:20 PM, Heather Canning wrote:
> Does anyone have a sample for motion for hardship discharge of student loans? If anyone has attempted this, do you know whether it has to be via motion or via adversary?
>
> Looks like we have a client who wants to try to go for it.
>
> Thanks
> --
> Heather J. Canning, Esq.
> Simon Resnik Hayes LLP
> 510 West 6th St, Suite 1220
> Los Angeles CA 90014
> 213-572-0800 phone
> 213-572-0860 fax
> heather@srhlawfirm.com
> www.srhlawfirm.com
>
The post was migrated from Yahoo.