Building a Record Before Filing
Start now: enroll in IDR, apply for jobs and keep records, document medical conditions, keep detailed budgets. This record becomes your evidence.
Employment Efforts
Apply regularly (keep a log), accept reasonable employment even if not in your field, seek training if skills are outdated, do not voluntarily reduce income.
Financial Management
Live within your means, do not take on unnecessary debt, do not make extravagant purchases, budget carefully. Courts allow a basic standard of living.
Frequently Asked Questions
How far back do courts look?
The entire history since taking loans, but recent years matter most. A pattern of effort in the last 3-5 years is typically sufficient.
What if I went back to school?
Returning to improve earning potential can demonstrate good faith if reasonable at the time. Less sympathetic if additional debt was taken for a program that did not help.
Do IDR plans affect my discharge case?
Positively. Participation shows good faith and inability to pay simultaneously. The 2022 DOJ guidance endorses this reasoning.
Check your bankruptcy discharge eligibility with our free screening tool.
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