- 11 U.S.C.
Morse v. Iowa Student Loan Liquidity Corp. (In re Morse)
Jul
10
2006
Ruling
Student loan obligations were discharged due to undue hardship related to debtor's history of mental illness.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C.S. § 523(a)(8).
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- 11 U.S.C.
Lee v. Regions Bank & Student Loan Guar. Found. (In re Lee)
Jul
06
2006
Ruling
Debtor's student loans were deemed dischargeable due to undue hardship since debtor's reasonable expenses greatly exceeded her income.
Procedural posture
Before the court was a complaint to determine the dischargeability of a student loan debt that plaintiff debtor owed to defendant creditor.
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- 11 U.S.C.
Nelson v. TG Collections (In re Nelson)
Jun
22
2006
Ruling
Student loan debt was deemed nondischargeable since debtor had sufficient monthly income and stable employment to repay loans.
Procedural posture
Plaintiff debtor filed against defendant creditors an adversary complaint seeking a determination that her student loan debt was dischargeable under 11 U.S.C. § 523(a)(8). The matter was tried to the court.
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- 11 U.S.C.
Woody v. United States Dept. of Justice (In re Woody)
Jun
16
2006
Ruling
Undue hardship discharge of student loan debt was not clearly erroneous.
Procedural posture
Creditors, the U.S. Departments of Justice and Education, appealed a final judgment of the Bankruptcy Court for the District of Kansas discharging chapter 7 debtor's Department of Education student loans (the 523 Loan) pursuant to the "undue hardship" provision in 11 U.S.C. § 523(a)(8), debtor's Health Education Assistance Loan (the HEAL loan) pursuant to the "unconscionable"provision in 42 U.S.C. § 292f(g).
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- 11 U.S.C.
Educ. Credit Mgmt. Corp. v. Spence
May
12
2006
Ruling
Court reversed bankruptcy court by ruling that debtor had not met three elements for determining debt dischargeability due to undue hardship.
Procedural posture
Before the court was appellant creditor's appeal of an order of the bankruptcy court, which fully discharged appellee debtor's student loan debt owed to the creditor. The creditor argued that the bankruptcy court erred by discharging the debtor's student loan because she would suffer an undue hardship if required to pay her student loan debt.
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- 11 U.S.C.
Harkins v. Educ. Credit Mgmt. Corp. (In re Harkins)
Apr
27
2006
Ruling
Court granted debtor partial discharge of student loan debt in reopened case due to undue hardship.
Procedural posture
Plaintiff debtor filed for chapter 7 relief and received a discharge. Four years later, the debtor moved to reopen her case, seeking a discharge of her student loan debt pursuant to 11 U.S.C. § 523(a)(8)(B). Defendant creditor objected. The court had taken the matter under advisement.
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- 11 U.S.C.
Dufresne v. N.H. Higher Educ. Assistance Found. (In re Dufresne)
Apr
25
2006
Ruling
Debtor's student loan debt was discharged due to undue hardship.
Procedural posture
By her complaint in an adversary proceeding, debtor sought a discharge of her outstanding student loans on an undue hardship basis under 11 U.S.C. § 523(a)(8). Defendant, the assignee of the loans, opposed their discharge. The matter was before the court for decision following trial.
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- 11 U.S.C.
Clark v. United States Dept of Educ. (In re Clark)
Apr
11
2006
Ruling
Student loan debt was deemed nondischargeable since debtor's living expenses were excessive and debtor failed to show good faith efforts to repay.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant U.S. Department of Education seeking a discharge of the debtor's student loan debt to the government based on undue hardship under 11 U.S.C. § 523(a)(8). The bankruptcy court conducted a trial.
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- 11 U.S.C.
Ardis v. Educ. Credit Mgmt. Corp. (In re Ardis)
Apr
06
2006
Ruling
Finding that debtor was not entitled to hardship discharge of student loan debt was affirmed since debtor did not show a good faith effort to repay.
Procedural posture
Appellant debtor appealed from the Bankruptcy Court's determination that he was not entitled to a hardship discharge of his student loan obligations under 11 U.S.C. § 523(a)(8).
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- 11 U.S.C.
Shadwick v. United States Dept of Educ. (In re Shadwick)
Mar
29
2006
Ruling
Debtor was denied a request to discharge student loans since both debtor and debtor's spouse had potential to earn a good income despite their lack of effort.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendants, creditors, to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C. § 523(a)(8).
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