For years, people have repeated the same line about student loans: “You can’t get rid of them in bankruptcy.” It’s not exactly true, but it’s also not entirely wrong. The path is narrow, and it runs straight through something called the Brunner test.
This test is a legal standard that determines whether a borrower qualifies for a student loan discharge based on “undue hardship.”
The Brunner test has been the dominant framework for decades. It’s technical, a little unforgiving, and often misunderstood. But if you’re considering bankruptcy and wondering whether your student loans could be part of the fresh start you need, understanding the test is essential.
What the Brunner Test Actually Measures
The Brunner test comes from a 1987 federal court case, and it sets out three requirements a borrower must prove to eliminate student loans in bankruptcy. Courts call them prongs, but think of them as hurdles. each one must be cleared by you on your way to financial freedom.
Here’s the breakdown: You cannot maintain a minimal standard of living if forced to repay the loans.
“Minimal standard of living” is a legal phrase that sounds vague, but it’s talking about basics, such as housing, utilities, transportation, food, and medical needs. The test isn’t asking whether repayment would make life stressful. It’s asking whether repayment would push you below a sustainable living level.
Your financial situation is likely to persist for a significant part of the repayment period.
In legal terms, this is the persistence requirement.
Courts look for signs that the hardship isn’t temporary. These would be situations like chronic health issues, limited earning capacity, aging out of certain job markets, or long-term caregiving responsibilities. In plain English: the court wants evidence that your situation won’t drastically improve anytime soon.
You have made good-faith efforts to repay the loans.
Good faith doesn’t require years of perfect payments. It focuses on whether you’ve tried reasonable steps by applying for income-driven repayment, making partial payments when possible, communicating with the servicer, or attempting to reorganize your finances. It’s an inquiry into your behavior, not your success.
Courts require all three prongs to be satisfied. If even one fails, the discharge is usually denied. That’s the part that makes the Brunner test feel rigid to many borrowers.
How This Test Affects a Bankruptcy Filing
The Brunner test isn’t part of the standard bankruptcy paperwork. It becomes relevant only if you file what’s called an adversary proceeding. This is a separate lawsuit inside the bankruptcy case asking the court to discharge your student loans based on undue hardship.
In bankruptcy jargon, the adversary proceeding is a contested matter requiring evidentiary support. In everyday terms, it means you have to present documents, testimony, budgets, medical records, employment history, and anything else that paints a clear and honest financial picture.
Because the Brunner test is demanding, many borrowers don’t attempt it. But that’s changing. Courts have become more willing to look realistically at a borrower’s circumstances rather than expecting extraordinary hardship.
Recent guidance from the Department of Justice also encourages a more consistent, transparent approach, which may make the process more accessible than it once was.
That said, passing the Brunner test is still far from automatic. It requires careful preparation and a clear legal strategy. It’s also important to note that even if the loans aren’t discharged, bankruptcy can still help by eliminating other debts, stopping aggressive collections, or allowing a borrower to reorganize payments under Chapter 13.
Is Attempting a Brunner Discharge Worth It?
The question isn’t just whether you could pass the Brunner test. It’s whether pursuing it makes sense for your situation. Ask yourself:
- Does repaying your student loans make it impossible to maintain a basic standard of living?
- Is there anything suggesting your financial picture will meaningfully improve soon?
- Have you taken reasonable steps to manage or repay the loans before reaching this point?
These aren’t rhetorical questions. They’re the actual inquiries courts make when deciding whether to grant a discharge.
If you’re weighing bankruptcy and wondering whether your student loans could be included, or if the Brunner test might apply to your case, now is the time to get clarity. To learn more about the Brunner test or schedule a time to learn more about bankruptcy and how it could affect student loan debt, contact R. Flay Cabiness, II, P.C. at (912) 417-5041 (Brunswick, GA); (912) 809-2141 (Hazlehurst, GA) or (912) 324-3176 (Jesup, GA) to schedule a consultation.
