What are the 3 prongs of the Brunner test?

The three prongs are: (1) Poverty -- based on current income and expenses, the debtor cannot maintain a minimal standard of living while repaying the loan; (2) Persistence -- additional circumstances exist indicating this state of affairs is likely to persist for a significant portion of the repayment period; (3) Good faith -- the debtor has made good faith efforts to repay the loan.

Do I have to pass all 3 prongs of the Brunner test?

Yes. In circuits that use the Brunner test, you must satisfy all three prongs to prove undue hardship and discharge student loans. Failing any single prong means the court will deny discharge. However, the 2022 DOJ guidance has softened how aggressively the government contests these cases.

Is there a Brunner test calculator?

There is no official Brunner test calculator because courts apply the test based on the totality of circumstances rather than a formula. However, you can self-assess by evaluating each prong: calculate your income vs. expenses (prong 1), identify persistent circumstances like disability or age (prong 2), and document your repayment history including IDR enrollment (prong 3).

Brunner Test 3 Prongs -- Student Loan Discharge Analysis

The Brunner test is the dominant standard courts use to determine whether student loans can be discharged in bankruptcy for "undue hardship" under 11 U.S.C. Section 523(a)(8)

The Three Prongs of the Brunner Test

Established in Brunner v. New York State Higher Education Services Corp., 831 F.2d 395 (2d Cir. 1987), the test requires the debtor to prove all three prongs by a preponderance of the evidence:

1 Poverty Prong (Current Inability to Pay)

Based on current income and expenses, the debtor cannot maintain a minimal standard of living for themselves and dependents if forced to repay the student loans.

What courts look at:

Monthly income vs. monthly expenses (basic necessities only)
Household size and dependent needs
Whether expenses are reasonable and necessary
Income relative to the federal poverty guidelines

Tips: Courts expect a bare-bones budget. Luxury expenses hurt your case. Include all necessary medical costs, childcare, and basic transportation.

2 Persistence Prong (Additional Circumstances)

Additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period.

Factors courts consider strong:

Physical or mental disability
Advanced age with limited earning potential
Lack of marketable job skills or education beyond the degree
Chronic medical conditions requiring ongoing treatment
Caregiving obligations for disabled family members
History of prolonged unemployment despite efforts

This is usually the hardest prong. You must show your situation is not temporary. A short-term job loss alone typically does not satisfy this prong.

3 Good Faith Prong (Effort to Repay)

The debtor has made good faith efforts to repay the loans.

What helps:

History of payments before financial collapse
Enrollment in income-driven repayment (IDR) plans
Communication with loan servicers about hardship
Attempts to find employment or increase income
Minimizing expenses to direct funds toward repayment

What hurts:

Never making a single payment when able
Ignoring correspondence from servicers
Filing bankruptcy immediately after graduation with no effort
Refusing to explore repayment options

Brunner Test Self-Assessment

While there is no official "Brunner test calculator," you can evaluate your situation against each prong:

Prong	Strong Case	Weak Case
1. Poverty	Income below poverty line, bare-bones budget, no disposable income	Above-median income, discretionary spending evident
2. Persistence	Permanent disability, age 55+, chronic illness, no advanced skills	Temporary setback, young with marketable degree
3. Good Faith	Years of payments, IDR enrollment, active job search	Zero payments ever made, no contact with servicer

The 2022 DOJ Guidance -- A Game Changer

In November 2022, the Department of Justice issued guidance directing U.S. Attorneys to apply a new "attestation-based" process for evaluating undue hardship claims. This has significantly increased the number of student loan discharges. Key changes:

DOJ now evaluates cases based on objective factors rather than reflexively contesting every filing
Borrowers who meet certain criteria may receive a DOJ recommendation for discharge
The process has reduced the cost and length of adversary proceedings

For details, see our DOJ guidance analysis.

Circuits That Use the Brunner Test

The Brunner test is used by the majority of federal circuits. The notable exception is the Eighth Circuit, which uses the "totality of circumstances" test -- a somewhat more flexible standard. See our totality of circumstances comparison.

Related Resources

Brunner Test Overview | Three-Prong Deep Dive | Adversary Proceeding Guide | Partial Discharge | Student Loan Bankruptcy Guide