A debtor's student loans are dischargeable under [section]528(a)(8) because paying them would impose an undue hardship on the debtor and her dependents, the 8th Circuit Bankruptcy Appellate Panel has ruled. The debtor received a discharge for her Chapter 7 bankruptcy petition in 2004. Three years later, she filed an adversary proceeding seeking to discharge $300,000 in student loan debt as an undue hardship pursuant to [section]528(a)(8). She claimed that her family operated at a loss each month, and that she couldn't work outside the home because she had to take care of her five children, especially twin boys who suffered from autism.
... a discharge of government-sponsored student loan debts only if failure to discharge that debt would... this undue hardship determination in an adversary proceeding, see Fed. Rule Bkrtcy. Proc. 7001(6), w...
Contending that repayment of her student loan would impose an undue hardship, the debtor commenced an adversary proceeding to discharge the loan. The central issue of the case was whether a determination of hardship should depend not only on the income of the debtor, but also on the resources of her non-debtor spouse. In In re Maureen R. Davis, U.S. Bankruptcy Court Judge Carl L. Bucki discharged the educational loan, except to the extent of the principal amount of $8,150.
... Hood had an outstanding balance on student loans guaranteed by petitioner Tennessee Student Assista... court is similarly an in rem proceeding. The court has exclusive jurisdiction over a debto... Rules require a debtor to file an adversary proceeding against the State to discharge student ...
... discharging Geoffrey Ifenay Ekenasi's student loan debts pursuant to 11 U.S.C.A. § 523 (West 19..., in May 1998, Ekenasi instituted this adversary proceeding, seeking a discharge of his student loa...
...Walker's student loans to be dischargeable as an undue hardship pur... later, on August 15, 2007, she filed an adversary proceeding seeking to discharge $300,000 in studen...
... Page: 2 Date Filed: 06/17/2011 proceeding. The bankruptcy court determined that although Moo... This is a bankruptcy dispute over a loan made by Appellee Henry Muller to Irving Moody, the... the Supreme Court’s decision in United Student Aid Funds, Inc. v. Espinosa9 to support her res ju... under Chapter 13 without an adversary proceeding and a finding of “undue hardship” o...
..., Jennifer Denise Cassim, filed an adversary proceeding seeking a determination that payment off her student loan would impose an undue hardship and was, there...
... Discharge Order [which exempted student loan obligations from the general discharge] was in...'s argument: To initiate bankruptcy proceedings, a Chapter 13 debtor must notify creditors by mail... such a showing can only be made in an adversary proceeding. See Fed. R. Bankr. P. 7001(6). To init...
...She also commenced an adversary proceeding seeking a determination that her studennt loan debt owed to Appellant Educational Credit Manageme..., contending that whether Cassim's student loan debt is dischargeable was not ripe for review...
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