Questioning Brunner’s Validity

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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Federal District Court Affirms Decision that Residential Loan Modification Does Not Alter Lien Priority in Pennsylvania

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By Scott Waterman, Standing Chapter 13 Trustee Eastern District of Pennsylvania (Reading) Citing Pennsylvania law, a Federal District Court in In re Hamilton (Hamilton v. Pennsylvania Housing Finance Agency), ___ B.R. ____ (E.D. Pa. 2020) refused to apply the equitable subordination doctrine to reorder the priority of mortgages after the first mortgage lender granted the debtors a loan modification prior...

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Alan C. Hochheiser

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