Expert: Terry Leeders - 6/15/2007

Question
A friend of mine has authorized me via a limited power of attorney to explore the likelihood of successfully petitioning the court for a discharge of a student loan and obtain legal counsel on his behalf as appropriate.

I have reviewed several appellate cases including Lorna Kaye Nys v. Educational Credit Management, Ernest J. Pena v. United Student Aid Funds, Inc., and Rosemary Rifino v. Sallie Mae etc. al. At first glance it appears that the facts of my friend’s situation are similar to the facts in cases where the Brunner test has been satisfied and discharges were granted to the debtors.

I would like to take the next step and obtain the opinion of an attorney. However, given the uncommon nature of student loan discharges I would like to find an attorney with experience filing adversarial complaints for the purpose of petitioning the court to grant a student loan discharge.

What would be the best approach for locating an attorney with this type of experience? I feel a bit like I’m looking for a needle in a hay stack.

Any advice you can offer is very much appreciated.  

Answer
I have seen very few successful attempts to discharge student loans.  Basically, the debtor must have no future ability to work and earn any income.  That seems to be the hardest prong to meet for a successful application of the Brunner test.
You need to speak to a bankruptcy lawyer in your area to discuss discharging that and other debts.  Thanks.