How to Discharge Federal Student Loans In A Chapter 7 Bankruptcy
Under Section 523(a)(8) of the Bankruptcy Code student loan debt is dischargeable if it would impose an undue hardship on the debtor and the debtor’s dependents. The Bankruptcy Code does not define “undue hardship,” but the Second Circuit, which includes the State of Connecticut, defined a three-prong test in Brunner v. New York State Higher Educ. Servs. Corp., 831 F.2d 395, 396 (2d Cir. 1987) for determining its existence. The debtor must prove, before the Bankruptcy Judge, by a preponderance of the evidence,…