Until just a few years ago, student loans were essentially non-dischargeable in bankruptcy Chapter 7. This is thanks to the so-called Brunner Rule. Prior to 1978, the Bankruptcy Code stated that debtors can discharge student loans along with all other unsecured debts.nnThis provision became quite controversial as Congress debated proposed amendments. This is because some people felt that some students were not making much of an effort to repay their education loans. So, when Congress amended the Bankruptcy Code in 1978, it included a provision that student loans could only be discharged based on “undue hardship.” However, the law did not define this phrase.nnThe Second Circuit Court of Appeals in New York defined the phrase in Brunner v. New York State Higher Education Services Corporation (1987). The court ruled that student loans could only be discharged in bankruptcy if there was evidence of:nnA good-faith effort to repay the loansnAn inability to maintain a minimal standard of living if the debtor repaid the loans (“minimal standard of living” is basically the poverty line)nA permanent or long-term hardshipnnUnder the so-called Brunner Rule, it was almost impossible for anyone to discharge loans unless the debtor had a physical or other disability that prevented repayment.nnTrying to discharge student loans is tricky. You thus need an experienced Chapter 7 bankruptcy lawyer to advise you regarding whether or not this is an option.