In During the re also Rosenberg, Judge Cecelia Morris of the United States Bankruptcy Court for the Southern District of New York permitted the debtor to discharge his student loan debt in a bankruptcy. The Rosenberg decision, which is on appeal, is noteworthy because under section 523(a)(8) of the Bankruptcy Code, student loan debt can only be discharged in cases of “undue hardship.” Rosenberg reinterprets – more leniently — the standard for discharging student loan debt established in Brunner v. N.Y. Condition Higher Educ. Servs. Corp. (From inside the lso are Brunner), 831 F.2d 395, 396 (2d Cir. 1987). The Brunner test for student loan debt discharge is followed by every Court of Appeals except the First and Eight Circuits, which use a totality of the circumstances test. The Rosenberg court ruled that debtor, Kevin Jared Rosenberg (“Rosenberg”), satisfied the Brunner test and discharged more than $220,000 of his student loan debt.
When the Bankruptcy Code was enacted in 1978, borrowers could discharge student loan debt if they waited until five years after it first became payable. That period was extended to seven years in 1990, but a change in the law in 1998 made that period indefinite, making student loans dischargeable only when there was undue hardship. Under Brunner and similar cases in other circuits, debtors rarely even attempted a discharge action and very few succeeded.
Rosenberg began credit profit 1993 having his student education. Immediately following a stint on the You. Rosenberg generated full and you can partial repayments on their loans and acquired numerous forbearances on it. For the 2019, Rosenberg began a case of bankruptcy to release their education loan debt.
Under Brunner, debtors seeking to discharge their student loans must show that they cannot maintain a minimal standard of living if they are forced to repay their loans, and that situation is likely to persist for a significant portion of the repayment period. [Read more…]