What Is the Totality Test?
Established in In re Long (322 F.3d 549, 8th Cir. 2003), it considers all relevant factors holistically: income, expenses, health, age, education, dependents, other debts. No single factor is dispositive.
Which Courts Use It?
The Eighth Circuit (AR, IA, MN, MO, NE, ND, SD) officially uses it. The First Circuit has a similar approach. Some other courts apply it in practice while nominally using Brunner.
Advantages Over Brunner
More favorable for borrowers: no rigid prong-by-prong analysis, considers unique circumstances, aligns with DOJ guidance, and focuses on the overall picture.
Frequently Asked Questions
Can I choose which test applies?
No. The test depends on your federal circuit. You cannot forum-shop by filing in a different circuit.
Does the DOJ guidance override Brunner?
Not legally, but practically it has significant effect. Government attorneys evaluate more holistically and consent to discharge more frequently.
Is the totality test easier to pass?
Generally yes. Studies show higher discharge rates in totality-test circuits. But it still requires genuine hardship -- it is not automatic.
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