The Totality of the Circumstances Test

A More Flexible Path to Student Loan Discharge

At The Independence Law Firm, we’ve successfully used the Totality of the Circumstances Test to discharge millions in student loans for clients in the 1st and 8th Circuits. This more holistic approach to proving undue hardship often provides better opportunities for discharge than the rigid Brunner Test. Let us show you why this test might be your advantage.

Understanding the Totality Test

What Makes It Different

Unlike Brunner’s three rigid prongs, the Totality of the Circumstances Test considers all relevant factors in your life to determine if repaying student loans would create undue hardship. This comprehensive approach often benefits debtors with complex situations that don’t fit neatly into Brunner’s boxes.

Where It Applies

• 1st Circuit: Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island
• 8th Circuit: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota
• Some bankruptcy courts within other circuits

The Totality Factors: Everything Matters

Core Factors Courts Consider

1. Past, Present, and Reasonably Reliable Future Financial Resources

• Current income and assets
• Employment history and stability
• Future earning potential
• Retirement savings (or lack thereof)
• Spouse’s resources (if applicable)
• Family support availability

2. Reasonable Necessary Living Expenses

• Housing costs for your area
• Transportation needs
• Healthcare expenses
• Food and clothing
• Insurance requirements
• Family size considerations

3. Other Relevant Facts and Circumstances This is where Totality shines—courts can consider:

• Your age and health
• Dependent needs
• Education value received
• Career prospects
• Good faith efforts
• Length of financial hardship
• Attempts to maximize income

Why This Flexibility Matters

No Single Disqualifying Factor

• One high income year doesn’t doom you
• Lack of medical issues isn’t fatal
• Past mistakes can be overcome
• Context always considered

Holistic Life Evaluation

• Judges see complete picture
• Multiple small factors add up
• Life complexity acknowledged
• Human stories matter

How The Independence Law Firm Maximizes Totality

Our Comprehensive Approach

Tell Your Whole Story

• Career disappointments
• Family struggles
• Health challenges
• Economic realities
• Life setbacks
• Good intentions

Document Everything Relevant

• 20-year work history
• Medical records
• Family obligations
• Education attempts
• Budget evolution
• Market changes

Connect the Dots

• Show how factors interrelate
• Demonstrate cumulative impact
• Explain future implications
• Build compelling narrative

Factors That Strengthen Your Totality Case

Age-Related Considerations

Why Age Matters More in Totality:

• Fewer rigid requirements
• Natural career decline considered
• Health deterioration expected
• Retirement needs acknowledged

Sweet Spots:

• 45+: Limited career pivoting
• 55+: Genuine retirement concerns
• 60+: Strong discharge potential
• Any age with health issues

Employment and Education Factors

Career Disappointments Count:

• Degree didn’t deliver promises
• Industry changes/obsolescence
• Geographic limitations
• Skill mismatches
• Underemployment despite efforts

Good Faith Differently Defined:

• Overall life effort matters
• Not just loan payments
• Supporting family counts
• Survival choices understood

Medical and Family Circumstances

Broader Health Consideration:

• Chronic conditions
• Mental health impacts
• Caregiving responsibilities
• Family medical needs
• Functional limitations

Family Situation Flexibility:

• Dependent children
• Elderly parents
• Disabled family members
• Grandchildren care
• Extended family support

Totality vs. Brunner: Strategic Advantages

More Forgiving Standards

Brunner: Must meet all three prongs Totality: Factors weigh against each other

Better for “Gray Area” Cases

Brunner: Black and white outcomes Totality: Nuanced decisions possible

Judicial Discretion Benefits

Brunner: Rigid interpretation Totality: Judge’s human understanding

Building Your Totality Case

Phase 1: Life History Compilation

Document Your Journey:

• Educational timeline
• Career progression
• Income history
• Life events
• Health changes
• Family evolution

Phase 2: Current Snapshot

Show Present Reality:

• Detailed budget
• Income sources
• Asset inventory
• Debt obligations
• Family needs
• Health status

Phase 3: Future Projection

Demonstrate Persistence:

• Earning potential
• Health trajectory
• Family obligations
• Retirement needs
• Market realities
• Age limitations

Common Totality Misconceptions

Myth: “It’s Easier Than Brunner”

Reality: Different, not necessarily easier

• Still requires proving hardship
• Documentation remains crucial
• Legal expertise needed
• Strategic presentation vital

Myth: “Everything Gets Discharged”

Reality: Standards still exist

• Must show genuine hardship
• Good faith matters
• Reasonable efforts expected
• Judges maintain standards

Myth: “Any Problem Qualifies”

Reality: Cumulative impact needed

• Single factors rarely enough
• Pattern must emerge
• Long-term hardship required
• Temporary setbacks insufficient

The Independence Law Firm’s Totality Expertise

Why We Excel at Totality Cases:

Narrative Development

• Craft compelling life stories
• Connect disparate factors
• Show cumulative impact
• Humanize your struggle

Comprehensive Documentation

• Leave no stone unturned
• Find supporting evidence
• Build complete picture
• Anticipate questions

Strategic Presentation

• Know judge preferences
• Emphasize key factors
• Balance all elements
• Achieve optimal outcomes

Maximizing Your Totality Advantages

If You’re in a Totality Jurisdiction:

Leverage the Flexibility

• Include all hardships
• Don’t self-censor
• Show life complexity
• Build complete narrative

Document Creatively

• Beyond financial records
• Life story matters
• Context crucial
• Patterns important

Think Long-Term

• Past informs future
• Trends matter
• Persistence shown historically
• Project realistically

Your Totality Test Evaluation

What We Analyze:

1. All financial factors
2. Complete life circumstances
3. Future projections
4. Hardship persistence
5. Good faith patterns

Common Advantages We Find:

• More factors than clients realize
• Compelling narratives emerge
• Patterns become clear
• Strong cases develop

The Bottom Line on Totality

The Totality of the Circumstances Test offers a more human approach to student loan discharge. At The Independence Law Firm, we’ve mastered presenting these complex, multi-factor cases in ways that resonate with judges and achieve results.

If you’re in the 1st or 8th Circuit, you have a unique advantage. Don’t waste it by trying to force your complex life into Brunner’s rigid boxes.

Contact us today to discover how the Totality Test’s flexibility could be your key to student loan freedom. Your whole story matters—let us help you tell it.