Sentences with phrase «prove undue»

The nature of the evidence required to prove undue hardship must be objective, real, direct and, in the case of cost, quantifiable.

If you are able to prove undue hardship, your student loans may be canceled.

There are of course exceptions to the rules, such as when one parent can prove undue hardship or where a parent earned over a certain income, but for the most part, the table amount is the golden standard for determining child support amounts.

What is more, where disappointed beneficiaries fail to prove their undue influence claim, they are often severely penalized.

The truth is that you can discharge your student loans if you can prove undue hardship.

Talk to your bankruptcy attorney if you have questions about your student loan debts, but in general, to prove undue hardship and to receive a discharge you will have to prove:

All student loans can be discharged, but only if the borrower can prove undue hardship.

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.

A: Courts have come to different conclusions on this issue, but most have held that co-signers must also prove undue hardship in order to discharge student loans in bankruptcy.

And I will also ignore, until a later blog post, that student loans should be dischargeable in bankruptcy (they aren't now, unless you prove undue hardship, which is a tough to do, but not impossible).

Bankruptcy is not an easy way out of student loan debt, but it is an option for those who can prove undue financial hardship made worse by student loans.

Student loan lenders have particular protections against default as student loans are regularly non dischargeable unless the borrower can prove undue hardship.

If you can successfully prove undue hardship, your student loan will be completely canceled.

However, it's not something to be taken lightly — and, if you have student loan debt, you probably won't win your case unless you can prove undue hardship.

Bankruptcy is not an easy way out of student loan debt, but it is an option for those who can prove undue financial hardship made worse by student loans.

If you do manage to prove undue hardship and successfully declare bankruptcy on your student loans, they'll be partially discharged, fully discharged, or restructured.

While you might be able to get your loans discharged if you can prove undue hardship, filing for bankruptcy is a major decision with long - lasting consequences.

Although eliminating your loans through bankruptcy is possible as long as you can prove undue hardship, you should only consider it if your finances are in desperate need of a reset.

The burden of proof is on you as a debtor to prove undue hardship.

While student loan debt currently is difficult to discharge in bankruptcy — you must prove undue hardship — most other consumer debt is fair game for either eliminating or negotiating a lower payback amount, depending on the specifics of your case.

Oh and by the way proving undue hardship in my situation was simply a matter of asking the Department of Education to honor their July 7th, 2015 Policy Directive and discharge certain loans under § 523 (a)(8) when the debtor's (me) circumstances met the test of undue hardship.

If you find yourself unable to fend off the collection agencies who call every day and night, and have run out of options, then perhaps proving undue hardship will not be as hard as you think?

By some measure of God's grace I somehow had preserved and kept a lot of what I was going to use in proving my undue hardship case in bankruptcy number three.

Let's take a hard look at what documentation you need to discharge your student loans, from the point of bankruptcy and proving undue hardship.

Proving undue hardship was my way out from under my debt to the Department of Education (DOE), where all of my loans had been consolidated and had fallen into default and my small incomes from Social Security and a even smaller civil service retirement that were both being garnished to the tune of nearly $ 300.00 a month.

Proving undue hardship can be difficult and it is best to have an attorney file a borrower's bankruptcy case for him or her.

The good news is that if one is successful in proving an undue hardship, the student loan will be completely canceled.

They acknowledged their burden of proving undue hardship and accepted that they elected not to produce the requested data «at their peril».

Proving Undue Influence In Wills Has Improved Under WESA Under s. 52 of the new WESA Legislation which came in effect on April 1, 2014)-RRB-, the onus of disproving undue influence has shifted to the person who has received the gift under the will where they... Read more

The evidential burden of proving undue influence remained on R, therefore, and he had failed to satisfy it for the following reasons.

Not exact matches

Although, VirtualArmour believes that the expectations and assumptions on which such forward - looking information is based are reasonable, undue reliance should not be placed on the forward - looking information as VirtualArmour can not provide any assurance that it will prove to be correct.

It can be a lengthy legal process, and you'll have to prove that you're facing undue hardship to succeed.

Borrowers may be able to have private student loans discharged through bankruptcy proceedings, but only when they are able to prove that the monthly payment will impose an undue hardship for an extended period of time.

In fact, the only way to discharge federal student loans through bankruptcy is to prove «undue hardship.»

Although it is currently believed that the expectations reflected in such forward - looking statements are reasonable, no assurance can be given that such expectations will prove to have been correct and persons reading this press release are therefore cautioned not to place undue reliance on these forward - looking statements which speak only as of the date of this press release.

In a memorandum sent to the state Board of Elections today, federal officials write that the state has failed to prove that moving the primary date to as late as August does not present «an undue hardship» in light of next year's round of redistricting.

The tactic proved moot, though, because Albany stepped in anyway, declaring the fee an undue burden to low - income residents.

This «flip - flop» is not only unfair, it would also cause undue harm to schools that are proven to work for some of our state's most vulnerable communities.

Granted, when sluicing down a canyon road, the steering draws no undue attention to itself, proving a willing partner in pursuit of driving happiness.

You'll need to file an adversary proceeding, and prove that repayment causes undue financial hardship on you and your family.

You must prove to the court that your private student loans place «undue hardship» on your life, meaning that your private student loans are having a big impact on your quality of life.

How do you prove that your have been forced into undue hardship?

Student loans are not automatically discharged by bankruptcy — the borrower must prove that repaying the loans would cause undue hardship to have them discharged by the bankruptcy court.

The Associated Press states that the Supreme Court will be deciding whether student loans can be dismissed through bankruptcy with just a notice to the collector instead of a hearing proving that paying the money back would cause an «undue hardship».

Borrowers may be able to have private student loans discharged through bankruptcy proceedings, but only when they are able to prove that the monthly payment will impose an undue hardship for an extended period of time.

According to the official stipulation, to discharge a student loan this way they must prove that paying them back would prove to be an «undue hardship» on the debtor.

The borrower would have to prove to the court that repaying student loan debt would represent an undue financial burden.

You must prove «undue hardship» in the bankruptcy court to get a bankruptcy discharge of your federal loan.

Low - income borrowers have few, if any, resources to pay for legal assistance to prove to judges that they suffer from undue hardship.

Second, the burden on the debtor / borrower to prove that the student loan is an undue hardship is very difficult.