The Brunner Student Loan Hardship Test: Alive and Well in The Big Apple

By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville)

Let’s take the following set of facts and see how it plays out in the labyrinthian world of hardship discharge of student loan debt. The case is In re Lozada (Lozada v. Educational Credit Management Corporation), 594 B.R. 212 (Bankr. S.D. N.Y. 2018).

Years ago (30 to be exact) you received a law degree, but you failed the bar exam the first time and weren’t willing to go through that ordeal again. So you pursued a career in the . . .

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