(1) the debtor cannot maintain, based on current income and expenses, a “minimal” standard of living if he is forced to repay the loans; (2) that additional circumstances exist that indicate that this state of affairs is likely to continue for a significant portion of the repayment period of the student loans; and (3) that the debtor has in the past made good faith efforts to repay the loans.
Court Humphrey up coming offered an extremely careful, comprehensive explanation regarding that which was called for out-of a borrower looking to establish excessive adversity significantly less than per prong of the attempt:
Legal Humphrey informed me that maintaining a “minimal total well being” does not require that borrower reside in impoverishment, however, do need the debtor to attenuate or cure particular life style can cost you otherwise business to help you shell out a point to his education loan loan providers. This new Court indexed the second groups as know so you can compensate a minimal standard of living:
Such additional issues need to be outside the debtor’s control and get fairly anticipated to persevere for a serious part of the loan payment several months
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