Sentences with phrase «on the lives of student debtors»

Not exact matches

The court held that the debtor lived in a rural area with little prospect of future employment allowing payments on her student loans.

(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.

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.

(1) that the debtor can not, based on current income and expenses, maintain a «minimal» standard of living for herself or her dependants if forced to repay the loans; (2) 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.

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 Brunner test requires the debtor to make a three - part showing in order to prove undue hardship: (1) that the debtor can not maintain, based on current income and expenses, a «minimal standard» of living for herself and her dependents if forced to repay the 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.

Most jurisdictions, including the Ninth Circuit, use the Brunner test, which requires a debtor to establish (1) that continued payment of the student loans would prevent them from maintaining even a basic standard of living, (2) that this state of affairs is likely to continue for the foreseeable future, and (3) that the debtor has attempted to make payments on the loans in good faith.