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Gonzaga University School of Law – Spokane, Washington – Class of 2002 – Cum Laude The Latin phrase “Deo patriae, scientiis, artibus” translates to “For God and country through sciences and arts”. The initials A.M.D.G. on the seal of Gonzaga Law School stand for Ad Majorem Dei Gloriam, which is Latin for “For the Greater Glory of God” the Motto of the Society of Jesus (Jesuits): a Catholic religious order founded by St. Ignatius of Loyola.
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Are student loans dischargeable in bankruptcy?
Yes, student loans can potentially be discharged in bankruptcy, but it’s not a straightforward process and requires proving “undue hardship”. The process can be expensive and time consuming. Often the discharge doesn’t mean much because the debtor is collection proof anyway, meaning that there is nothing that can be done to collect the student loan debt.
Key points
Increased Success Rates: Under the new federal guidance, a high percentage of cases seeking student loan discharge have resulted in full or partial discharges.
Undue Hardship: The central requirement is demonstrating to the bankruptcy court that repaying your student loans would cause “undue hardship” to you and your dependents.
Adversary Proceeding: This isn’t automatic with bankruptcy filing. You must initiate a separate lawsuit within the bankruptcy case, called an “adversary proceeding,” specifically to request student loan discharge.
The Brunner Test: Most bankruptcy courts use the “Brunner test” to determine if undue hardship exists. This test requires showing that:
You can’t maintain a minimal standard of living for yourself and your dependents if forced to repay the loans.
Your financial hardship is likely to continue for a significant portion of the loan repayment period.
You’ve made good-faith efforts to repay the loans.
Federal Loans: Recent guidance from the Department of Justice and Department of Education has made it easier for eligible federal student loan borrowers to obtain discharges, leading to increased success rates. Currently, only Direct Loans and Direct Consolidation Loans held by the U.S. Department of Education are explicitly covered by this new guidance.
Private Loans: Private student loans can also be discharged in bankruptcy, also requiring the demonstration of “undue hardship,” though this can be more challenging than with federal loans.
Not All Loans are Equal: Some types of private loans for educational purposes may be dischargeable under standard bankruptcy rules without needing to prove “undue hardship,” according to the Consumer Financial Protection Bureau. This includes situations where the loan amount exceeded the cost of attendance.
To Always Be a Human Being First, and My Role Second. To First, Do No Harm, then to provide the best legal outcome, smoothest process, best value, and to make a positive difference in the life of every client.
Christopher S. Mulvaney’s Mantra:
May I be filled with loving kindness for all life. May I be safe from dangers within and without. May I be healthy in body, mind, socially, and spiritually. May I be at ease and happy, doing good in the world.
May You be filled with loving kindness for all life. May You be safe from dangers within and without. May You be healthy in body, mind, socially, and spiritually. May You be at ease and happy, doing good in the world.
I am an experienced solo estate planning, debtor bankruptcy, and real estate attorney. At my law firm in Bellevue, Washington between Eastgate and Factoria, I do things a little differently. I am passionate about helping people take control of their lives.
One of my primary practice areas is urgent (bankruptcy), and the other is important, but not urgent (estate planning). Not letting the urgent crowd out the important is key. I have made a choice to include the positive difference I make in the life of each client in how I calculate profit. This means I have higher job satisfaction, and happy clients who confidently give referrals.
My goal is that my work is transformative for people during a challenging time in their lives. At Mulvaney Law Offices, PLLC (MLO), you will not find a gatekeeper. There are no forgotten cases hiding on an associate’s cluttered desk. It’s just me, working with each one of my clients one-on-one to resolve their legal concerns as favorably as possible.
As your lawyer, I will personally handle every aspect of your case. My office is not a factory churning out thousands of filings per year, where each case matters little. You, and your case, matter to me. You can see what clients have said about me, and leave your own reviews at these links.
Mulvaney Law Offices, PLLC is located in Bellevue, Washington, representing estate planning & chapter 7 and chapter 13 bankruptcy, clients in all 39 Washington Counties.
Washington State residents can meet with me in Zoom/DocuSign from anywhere in the world, and I can notarize their electronic signatures because I am a remote online notary. Just email me an image of your photo ID.
