Legal Question in Bankruptcy in Hawaii

Non-discharged student loans

You may file a complaint for a declaratory judgment that your student loans were dis-charged in bankruptcy. The complaint may befile in a state court or the bankruptcy court.

You have to prove that the nondischarge ofthe student loan will impose an undue hardshipon the debtor and his or her dependents. Unduehardship may be proved by showing that, basedon the debtor's current income and expenses,(a) the debtor and his or her dependents cannotmaintain a minimal standard of living if forced to repay the loan. (b) that such circumstances are likely to continue for asubstantial portion of the repayment period,AND (c) that the debtor has made a good faitheffort to repay the loan.

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