Does having a medical help support a case for filing discharging student loans in bankruptcy?
Question Details:
I have been seeking employment for the last 2 years and have only had short term paid or unpaid positions. When I have worked, it has been extremely difficult because of chronic fatigue and my doctors cautioned me from continuing to work. Would this problem help support my case for discharging student loans under the Brunner test, since it may be unlikely that I am able to support myself if I am not able to sustain long term employment?
Yes, it can help to the extent that the doctors can testify that it will impair your ability to earn over a certain level of income. It is very difficult to show everything required under the Brunner test, but being unable to work certainly helps establish one of the required elements.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
http://www.bklaw.com/
