this post was submitted on 28 Dec 2025
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A new study suggests that distressed borrowers using a simpler bankruptcy process are succeeding — and that more people like them should try.

The process which enables this was introduced during the Biden administration.

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[–] atzanteol@sh.itjust.works 2 points 3 months ago (1 children)

However, this article says in extreme cases,such as being very old (50 + ) and having a debt of 100k, that sometimes a court will allow it.

That's not what the article says... It says that having payments greater or equal to your income and a long history of high payments may satisfy the "hardship" requirements.

[–] daannii@lemmy.world 3 points 3 months ago (1 children)

. I quoted at the wrong age for that specific example. That one was 65.

I put "50+" because the other example was for a 47 year old.

[–] atzanteol@sh.itjust.works 4 points 3 months ago (1 children)

The point is that it isn't their age and the amount in absolute numbers. It's the amount as a percentage of income and how long they have been struggling to pay off the loan that matters.

Under Brunner, debtors must answer three questions before their debt can be dismissed: Can they currently pay the loans and maintain a minimal standard of living? Is their situation likely to persist for a significant portion of the repayment period? And have they made a good-faith effort to repay the loans?

Under the newer approach, each piece of the test becomes easier to pass if the debtor can check certain boxes. For example, if a debtor’s allowed expenses equal or exceed his or her income, that may satisfy the first question. Being over 65, or having loans in repayment status for at least 10 years, for example, would fulfill the second question.

[–] daannii@lemmy.world 1 points 3 months ago* (last edited 3 months ago) (1 children)

I didn't summarize the whole article because that wasn't relevant to my points.

My points were.

Fasfa contract says it can't be reduced with bankruptcy but article gave two examples of when it has been.

One due to the institution being shut down. The other from owing a high amount and being older.

Everyone involved was not wealthy. Otherwise they wouldn't have the debt in the first place. So I didn't think that was relevant to mention.

I'm not sure that two examples is enough to convince me that this is possible for more people to get this exception made for their student loan debt.

But maybe with the loss of the loan forgiveness program, people can make a stronger case for it.

[–] atzanteol@sh.itjust.works 2 points 3 months ago (1 children)

The other from owing a high amount and being older.

Not being older but having a history of making a good faith effort to repay the loans. So they happen to be older.

Really - it's all outlined here: https://www.justice.gov/d9/pages/attachments/2022/11/17/student_loan_discharge_guidance_-_fact_sheet_0.pdf

Nowhere does it say "old" or "poor" though those conditions may coincide with other criteria.

[–] daannii@lemmy.world 1 points 3 months ago (1 children)

Both of the people were older.

My impression was that they couldn't pay off that much debt at that age.

[–] atzanteol@sh.itjust.works 1 points 3 months ago (1 children)

...

They were older. Because. The criteria for showing a "good faith effort" to pay. Favors people who have been paying for a period of time. But it is not a requirement to be older.

Seriously - that PDF outlines the circumstances pretty well. I don't know why you keep going back to specific examples and making up reasons for why it applied to them when the documentation tells you exactly what the criteria are.

[–] daannii@lemmy.world 1 points 3 months ago

Yes that's what I was saying.

I'm honestly not sure why you keep arguing with me because I mentioned age when that was a factor.

Not in a direct way, but yes it is a factor in the way you say.

Age would imply a few things that would help qualify for the approval. But age on its own is not a criteria.