Can I Discharge My Student Loans Under Chapter 7 Bankruptcy?

If you are facing exuberant amounts of student loan debt that you are unsure if you will ever be able to pay it off, do not wait to reach out to our skilled New York bankruptcy attorneys today to discuss your options. Our legal team is dedicated to helping you navigate through the Chapter 7 bankruptcy process.

How can I discharge my student loans through Chapter 7 bankruptcy?

In order to discharge student loans, you are required to file an adversary proceeding. This proceeding will be seen in bankruptcy court, and the court will consider whether or not your loans are dischargeable or not. Furthermore, you will need to present the court with proof that your loans will cause undue hardship.

It is not easy to prove undue hardship, which is why you will need an experienced bankruptcy attorney on your side if you are in this situation. Do not wait to reach out to our firm today to get started.

What is undue hardship?

Undue hardship refers to the idea that you are faced with loans you just cannot pay off or would be paying off for your whole life. For instance, if you are facing an immeasurable amount of student debt, but your job only pays you “x” amount of money, it can be almost impossible to consider paying your debt and making essential purchases, such as food, water, clothing, or basic shelter. Unfortunately, this is a very difficult situation for a hard-working person to be faced with. As a result, if you are able to prove undue hardship, you may be granted the relief you need. To prove undue hardship to the court, many courts use the Brunner test, titled after the Brunner v. New York Higher Education Services Corp. case. To use this test, in some instances, if you can prove that you can no longer maintain a minimal standard of living for you and your family, your current financial situation is set to continue for years to come, and you are doing your absolute best to pay your student loans and keep afloat, you may have your student debt cleared under the Brunner test.

If you are in this unfortunate situation, you are not alone and you have options. Do not hesitate to reach out to our skilled New York bankruptcy firm today to speak with our legal team about the specifics of your case and your options. Our firm is equipped with the knowledge and experience required to ensure that you and your future are protected. Contact us today.


Michael D. Pinsky, P.C. represents clients in bankruptcy actions and related matters. Please call 845-394-2616 or contact the firm online to schedule a consultation.

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