(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 after that considering a very careful, thorough need out-of the thing that was requisite from a borrower seeking show excessive adversity less than per prong of your decide to try:
Court Humphrey informed me you to keeping a good “restricted total well being” does not require that the borrower reside in impoverishment, however, does require debtor to reduce or remove particular way of life will cost you or amenities so you’re able to shell out some extent to help you their education loan creditors.Continue reading