The certainty of Hopelessness - Discharging student loan debt

Discharging of student loans in bankruptcy may now become easier. The Chief Judge of the U.S. Bankruptcy Court for the Southern District of New York, Cecelia G. Morris ruled in favor of a law school graduate who tried to discharge $220,000.00 of both undergraduate and law school student loan debt. See, Rosenberg v. N.Y. State Higher Education Services Corp. (In re Kevin Jared Rosenberg), Case No. 18-35379 (CGM), Adv. No. 18-09023 (CGM) (Docket 68). In this decision the Court Rejects “Certainty of Hopelessness” Standard for Discharging Student Debt. This standard has been in existence for 23 years and is called the 3 prong Brunner test, which stopped just short of requiring a student loan debtor to almost have one foot in the grave and the other slipping into it. Since this case is likely to be appealed, unless it results ultimately in a favorable U.S. Supreme Court, it is not the law of the land. It can be cited as persuasive authority outside of the the Southern District of N.Y. Bankruptcy Court. This is a well respected Court.