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Questioning Brunner’s Validity
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By William H. Brown, Adviser, Academy for Consumer Bankruptcy Education
The Brunner test of undue hardship
Under Brunner v. N.Y. State Higher Educ. Services Corp. (In re Brunner), 831 F.2d 395 (2d Cir. 1987), to prove undue hardship for purposes of discharge under § 523(a)(8), the debtor must carry the burden of proof that (1) the debtor cannot maintain a minimal standard of living for himself or herself and dependents, based on current income and expenses, if required to continue repayment of the student loan; (2) circumstances indicate that . . .
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