Sentences with phrase «minimal standard of living»

Besides, not only has the debt to disrupt the debtor ability to maintain an adequate minimal standard of living but the debtor must have tried by every possible way to repay the debt.

The examination of the private student loan cases shows those who are most likely to have their student loans fully discharged are those that have a sufficient underlying medical situation that would make repayment of the loans either impossible or subject the debtor to a below minimal standard of living.

Generally speaking, if a borrower is unable to maintain a minimal standard of living for himself or his dependents based on income and expenses, including private student loan payments, a discharge through bankruptcy may be possible.

Collect documentation to show that you would be unable to maintain a minimal standard of living.

An estimate of two or three years ago was that a reallocation of only 5 % of the total national income would bring every family up to a minimum of $ 5,000 a year.7 A shift in this direction could be brought about by providing grants to individuals or families sufficient to allow a minimal standard of living.

Generally speaking, if a borrower is unable to maintain a minimal standard of living for himself or his dependents based on income and expenses, including private student loan payments, a discharge through bankruptcy may be possible.

You are unable to repay your student loans while also maintaining a minimal standard of living for yourself and any dependents.

Basically the borrower needs to provide that they are unable to maintain a minimal standard of living while repayment the loans, that the circumstances that prevent repayment will persist for most of the life of the loans and that the borrower has made a good - faith effort to repay the loans.

Based upon your current income and expenses, you can not maintain a minimal standard of living for yourself and your dependents if you are forced to repay your loans.

Student loans can be very difficult to discharge and usually reserved for people who could not maintain even a minimal standard of living for themselves or their dependents if they were forced to repay the student loans.

I can not maintain a minimal standard of living if I repay the student loans and, this limitation is likely to continue.

Debtor can not maintain, based upon his current income and expenses, a minimal standard of living for himself and his dependents if forced to repay the Student Loans.

No amount of personal or financial sacrifice would enable Mrs. Gleason to repay the Loans without subjecting her to severe medical hardships and a life below a minimal standard of living.

(1) That the debtor can not maintain, based on current income and expenses, a minimal standard of living for the debtor and dependents if forced to pay off student loans; (2) that additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and (3) that the debtor has made good faith efforts to repay the loans.

Based on the Debtor's current income and expenses, the Debtor can not maintain a minimal standard of living and at the same time repay the loans.

«The Court finds that this evidence of Conniff's status of being in a loan deferral provides further support for her claim that she can not pay the debt and maintain a minimal standard of living without suffering an undue hardship and in addition, is evidence of good faith.»

As more fully set forth above, Debtor has made a good faith effort to repay the Student Loans, his current income and resources are such that he is unable to maintain a minimal standard of living even without making payments on the Student Loans and it is unlikely that Debtor's financial situation will improve significantly during the repayment period of the Student Loans.

Based upon her circumstances, she can not maintain even a minimal standard of living if she is required to repay the loan.

The Judge went on to say, «it is readily apparent that Conniff could not make that payment and support herself and her children with a minimal standard of living if forced to repay the loan.»

But you'll also need to prove that you've made every attempt possible to pay down your debt, and that doing so has prevented you from maintaining a minimal standard of living.

The Debtor has not been employed on a full time basis since December 2009 and has never maintained a position that paid him a sufficient wage to enable him to repay the Student Loans while maintaining even a minimal standard of living.

The Ninth Circuit considered a case that left a debtor with a $ 68 monthly payment on the undischarged portion, based on the bankruptcy court's finding that a monthly 401 (k) contribution of $ 68 was not «reasonably necessary» to the debtor's «minimal standard of living» under Brunner.

The Fecek court, following Seventh Circuit precedent, applied the Brunner Test [xv] to determine that with an average net income of just over $ 3,000 a month and monthly payments exceeding $ 2,000 a month, the debtor could not sustain a «minimal standard of living» if forced to satisfy the full monthly loan payment.

Applying this test, the bankruptcy court did not clearly err in finding that (1) the Penas could not maintain a minimal standard of living and repay their student loans, (2) their unfortunate financial situation was likely to continue for a substantial portion of the repayment period, and (3) they made a good - faith attempt to pay the loans.

Clearly, in these circumstances the Penas could not maintain a minimal standard of living and pay off the student loans.

First, the debtor must show an inability to maintain a «minimal standard of living... if forced to repay the loans» at current income and expense levels.

1987), requires a debtor to show inability to maintain a «minimal standard of living» if forced to continue loan payments, circumstances that make the current situation likely to persist for much of the repayment period, and «good faith efforts» at repayment.

You can not maintain, based on current income and expenses, a minimal standard of living for the debtor and dependents if forced to pay off student loans.

Most bankruptcy courts have adopted a three - part test to establish undue hardship, known as the Brunner test: (1) inability to maintain a «minimal standard of living» if forced to repay the loans, (2) likelihood that the conditions preventing repayment will persist for most of the repayment period, and (3) «good faith efforts» by the debtor to repay the loans.

1987): (1) At current income and expense levels, the debtor would not be able to maintain a «minimal standard of living» if required to repay the student loans; (2) additional circumstances indicate that this financial condition is likely to continue for a substantial part of the repayment period; and (3) the debtor has made «good faith efforts to repay the loans.»

You can not maintain, based on current income and expenses, a minimal standard of living, if forced to repay the student loans.

For those who are unable to pay anything toward their debt and maintain a minimal standard of living for their family, bankruptcy is designed to provide relief from debt so that they can get a fresh start and begin rebuilding their future.

It also considers whether they can maintain a minimal standard of living if they had to repay their loans, and whether they've been diligently trying to pay off their debt.

However, if your income is insufficient to both repay the debt using income - based repayment and provide for a minimal standard of living (e.g., you are living below 150 % of the poverty line), this situation is expected to persist for most of the term of the loan and you made a good faith effort to repay the debt, you may be able to get an undue hardship discharge.

But what is a minimal standard of living?

The most popular test, Brunner, requires a debtor to show that his loan payments would require him to sacrifice a «minimal standard of living» into the future and that he has made good faith attempts to repay the debt.

The debtor can not maintain a minimal standard of living for himself and his dependents if he must pay the student loans