Public Defender who was Employed and Eligible for Public Service Loan Forgiveness Failed the Brunner Test to Discharge Student Loans

Public Defender who was Employed and Eligible for Public Service Loan Forgiveness Failed the Brunner Test to Discharge Student Loans

59 year-old Debtor who graduated law school in 1999 filed an adversary proceeding to discharge student loans she incurred to attend law school.

The Debtor suffered from several medical impairments, including lupus, vertigo and emphysema. These impairments cause her to miss 6 weeks of work in 2015.

The Debtor was eligible for Income Based Repayment Plan, which allows her to pay only 15% of her discretionary income toward her student loans. In addition, she is eligible for the Public Service Loan Forgiveness Program, and would have been eligible to apply for this benefit in 2021.

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