11 U.S.C. § 523

Section 523(a)(8)(B) permits a court to reduce the nondischargeable portion of a student loan to an amount the debtor can reasonably repay, even when full discharge for undue hardship is unwarranted.

Fox v. Student Loan Marketing Ass'n (In Re Fox) · filed 1995-09-27(a)(8)(B)

However, due to Debt- or’s present inability to meet current expenses, this Court does find that it would be equitable to reduce the amount of non-dis-chargeability to an amount that reflects Debtor’s ability to repay in the future a reasonable portion of the debt incurred.

Section 523(a)(8)(B) does not allow a debtor to establish undue hardship through a voluntary choice to earn less.

Melton v. New York State Higher Education Services Corp. (In Re Melton) · filed 1995-09-29(a)(8)(B)

The Court holds that whether a debt- or chooses privation for good reasons or for bad, § 523(a)(8) does not permit his choice to be exalted at the expense of an educational loan lender or guarantor. A debtor may not create undue hardship by a free decision to be less than optimally employed, however noble the motive.

Section 523(a)(8) excepts educational loans from discharge unless the debtor proves undue hardship, including that an inability to repay is likely to persist for a substantial portion of the repayment period.

Cobb v. University of Toledo (In Re Cobb) · filed 1995-10-11(a)(8)

Further, although the Debtor’s present economic circumstances render him incapable of maintaining a minimal standard of living while repaying his educational loans, the Debtor has not carried his burden of demonstrating that such circumstances will persist for a substantial portion of the repayment period.

Section 523(a)(8)(B) requires a student loan debtor to satisfy every element of the Brunner undue hardship test to obtain a discharge.

Pennsylvania Higher Education Assistance Agency v. Faish · filed 1995-11-28(a)(8)(B)

Student-loan debtors have the burden of establishing each element of the Brunner test. All three elements must be satisfied individually before a discharge can be granted.

Section 523(a)(8)(B) permits discharge of a student loan when repayment would impose an undue hardship on the debtor and the debtor’s dependents.

Elebrashy v. Student Loan Corp. (In Re Elebrashy) · filed 1995-12-11(a)(8)(B)

After considering the evidence presented, the Court finds that Elebrashy has established that repayment of the student loan to USAF would work an undue hardship on Elebrashy and his dependents within the meaning of 11 U.S.C. section 523(a)(8)(B) and that this loan should therefore be discharged.

Section 523(a)(8)(B) requires a debtor seeking a student loan hardship discharge to show that her financial condition will persist for a significant portion of the repayment period.

Coveney v. Costep Servicing Agent (In Re Coveney) · filed 1996-01-02(a)(8)(B)

The second prong of this test requires that the debtor show that her strained financial condition, demonstrated by the application of the first prong of the test, will continue for a significant portion of the repayment period. ... Therefore, the second prong of the test is not met, and the Debtor has failed to establish that her circumstances warrant a hardship discharge pursuant to section 523(a)(8)(B) of the Bankruptcy Code.

Section 523(a)(8)(B) permits discharge of student loans for undue hardship only when the debtor establishes every element of the Brunner test.

In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Faish · filed 1996-01-16(a)(8)(B)

Brunner now provides the definitive, exclusive authority that bankruptcy courts must utilize to determine whether the “undue hardship” exception applies. Student-loan debtors have the burden of establishing each element of the Brunner test. All three elements must be satisfied individually before a discharge can be granted. If one of the requirements of the Brunner test is not met, the bankruptcy court’s inquiry must end there, with a finding of no dischargeability.

A debtor seeking an undue hardship discharge of student loans must show good faith efforts to repay; financial hardship alone does not establish good faith.

Maulin v. Salliemae (In Re Maulin) · filed 1995-12-06(a)(8)(B)

Although it mandates no particular demonstration, good faith effort does require some evidence beyond a showing of financial incapacity. Having failed to present persuasive proof regarding the good faith of her repayment efforts, Ms. Maulin may not enjoy a discharge of the educational loans.

Section 523(a)(8)(B) permits discharge of a student loan when repayment would impose undue hardship on the debtor.

Vazquez v. United Student Aid Funds, Inc. (In Re Vazquez) · filed 1996-01-22(a)(8)(B)

The Court is satisfied that it would be an undue hardship to deny discharge of this debt to this Debtor.

A debtor must prove undue hardship to discharge a student loan; failure to show hardship and good faith leaves the loan nondischargeable.

Robinson v. United States Department of Education (In Re Robinson) · filed 1996-02-16(a)(8)(B)

The evidence of lack of good faith combined with the results of the mechanical test convinces this Court that the entire amount of the loan, whatever that might be, is nondischargeable.

Section 523(a)(8)(B) requires a debtor seeking to discharge a student loan for undue hardship to show that repayment would prevent a minimal standard of living.

McLeod v. AFSA Data Corp. (In Re McLeod) · filed 1996-03-25(a)(8)(B)

Nonetheless, here, as in Faish, the Debtor has failed to demonstrate that she will be unable to maintain a minimal standard of living if she is required to repay the Notes.

Section 523(a)(8)(B) permits discharge of student loans when repayment would impose undue hardship, assessed through the debtor’s financial prospects, good faith, and bankruptcy policy.

Taylor v. Illinois Student Assist. Com. (In Re Taylor) · filed 1996-04-03(a)(8)(B)

Debtors are seeking to have their loans discharged pursuant to 11 U.S.C. § 523(a)(8)(B). ... The undue hardship analysis is composed of three prongs: a mechanical test, a good faith test and a policy test. ... Based on these considerations, the Court finds that the Debtors’ student loan obligations are dischargeable.

Section 523(a)(8)(B) permits discharge of student loans when the debtor proves by a preponderance of the evidence that repayment would impose undue hardship on the debtor and dependents.

Hornsby v. Tennessee Student Assistance Corp. (In Re Hornsby) · filed 1996-04-24(a)(8)(B)

As a result of applying the three factors enumerated by the Cheesman court, this Court finds that Debtors proved by a preponderance of the evidence that paying these student loans would impose an undue hardship on them and their family. As a result, their debt to TSAC for student loans in the amount of $33,387.67 is discharged.

Section 523(a)(8)(B) permits discharge of a student loan for undue hardship when the debtor cannot repay it while maintaining a minimal standard of living, is unlikely to see her finances improve, and has acted in good faith.

Fuertes v. Florida Department of Education (In Re Fuertes) · filed 1996-06-21(a)(8)(B)

23. Under the Cheesman test the Court finds that the plaintiffs student loan debt of $19,816.15 owed to defendant, Florida Department of Education, should be discharged because plaintiff could not repay it and still maintain her minimal standard of living; that there is no indication that the plaintiffs financial situation will improve; and that the plaintiff has acted in good faith.

Section 523(a)(8) permits discharge of student loans for undue hardship only when financial inability is likely to persist into the foreseeable future; temporary difficulty is insufficient.

O'Donnell v. New Hampshire Higher Education Assistance Foundation (In Re O'Donnell) · filed 1996-06-25(a)(8)

While the words “undue hardship” might imply some general discretion and balancing of equities in a general sense the case law interpreting the statute under its legislative history clearly indicates that Congress meant the discharge to be applied only to truly unique situations and not just temporary present financial circumstances.

Section 523(a)(8)(B) permits discharge of an educational loan when repayment would impose an undue hardship on the debtor and the debtor’s dependents.

Harris v. Unipac Service Corp. (In Re Harris) · filed 1996-06-26(a)(8)(B)

Section 523(a)(8)(B) provides that an educational loan is not dischargeable unless the payment thereof would impose an undue hardship on the Debtor and Debtor’s dependents. ... The Court finds that the repayment of the loans in question would work an undue hardship on this Debtor and his dependents.

Section 523(a)(8)(B) permits discharge of a student loan when the debtor establishes undue hardship under all three elements of the Brunner test.

Hoyle v. Pennsylvania Higher Education Assistance Agency · filed 1996-07-09(a)(8)(B)

All three of the elements of the Brunner test are met. Debtor is entitled to a discharge of her loan obligation under § 523(a)(8)(B).

Section 523(a)(8)(B) permits discharge of a student loan only in its entirety, not partial discharge or modification of its terms.

Skaggs v. Great Lakes Higher Education Corp. (In Re Skaggs) · filed 1996-06-11(a)(8)(B)

Congress might have used language to authorize the discharge of partial liability or the modification of conditions of liability but did not. Section 523(a)(8)(B) itself limits a court’s power to act only on the entire student loan obligation.

Section 523(a)(8)(B) permits discharge of student loans when the debtor satisfies the three-part undue hardship test.

Mayer v. Pennsylvania Higher Education Assistance Agency (In Re Mayer) · filed 1996-07-19(a)(8)(B)

As a result, we find that all three prongs of the Faish test are satisfied as to both debtors, and that all of the student loans in issue must be discharged.

Section 523(a)(8) excepts covered student loans from discharge when repayment will not impose undue hardship on the debtor and dependents.

Smalley v. Devry Institute of Technology, Inc. (In Re Smalley) · filed 1996-07-31(a)(8)

The Court cannot conclude that the Debtor’s obligations to USAF or Devry impose an “undue hardship” on the Debtor or his dependents.

Section 523(a)(8)(B) permits a court to modify a student loan obligation when the debtor cannot pay now but may be able to pay in the foreseeable future.

Heckathorn v. United States Ex Rel. U.S. Dept. of Education (In Re Heckathorn) · filed 1996-08-16(a)(8)(B)

Under § 523(a), complete discharge or nondischarge is the usual rule, and the same shall remain so under § 523(a)(8)(B); but under the latter statute, some variance from the general rule may be permitted, especially where such variance merely reflects an actual situation wherein present inability to pay need not continue indefinitely.

Section 523(a)(8)(B) permits discharge of a student loan when excepting it from discharge would impose undue hardship on the debtor and the debtor’s dependents.

Derby v. Student Loan Services (In Re Derby) · filed 1996-08-21(a)(8)(B)

We hold that the Debtor has satisfied her burden under the Brunner standard and that her entire student loan obligation is dis-chargeable pursuant to 11 U.S.C. § 523(a)(8)(B).

Section 523(a)(8)(B) permits discharge of student loans when repayment would impose undue hardship on the debtor and the debtor’s dependents.

Windland v. U.S. Department of Education (In Re Windland) · filed 1996-09-27(a)(8)(B)

If she were required to repay her educational loan, the Debtor and her dependents could easily fall below the minimal standard of living that they are now just barely achieving. Furthermore, the Debtor’s circumstances are likely to persist well into the foreseeable future. Therefore, this Court finds that a hardship discharge pursuant to 11 U.S.C. § 523(a)(8)(B) is warranted.

Section 523(a)(8)(B) does not permit discharge of student loans when the debtor fails to show that current financial hardship is likely to persist into the future.

Dennehy v. Mae (In Re Dennehy) · filed 1996-10-21(a)(8)(B)

In short, Den-nehy presented no evidence from which I could determine, at this time, that his current financial situation would persist into the future. Therefore, Dennehy has failed to meet the requirements of the second prong of the Brunner “undue hardship” test. Accordingly, Dennehy’s student loans are non-dis-chargeable.

Section 523(a)(8)(B) permits discharge of a student loan only if repayment would impose undue hardship on the debtor or the debtor’s dependents.

Mitchell v. U.S. Department of Education (In Re Mitchell) · filed 1996-11-08(a)(8)(B)

A student loan will only be discharged if repaying the loan will impose an undue hardship upon the debtor and/or the debtor’s dependents. 11 U.S.C. § 523(a)(8)(B).

Section 523(a)(8)(B) allows a student loan to be discharged if repayment would impose undue hardship on the debtor and the debtor’s dependents.

Holmes v. Sallie Mae Loan Servicing Center (In Re Holmes) · filed 1997-01-02(a)(8)(B)

Repayment of this student loan would not constitute an undue hardship to the debtor, and therefore, the debt should be determined to be non-dischargeable.

Section 523(a)(8) assesses undue hardship based on the debtor’s current income and expenses rather than the debtor’s ability to use the education financed by the loan.

O'Flaherty v. Nellie Mae, Inc. (In Re O'Flaherty) · filed 1997-01-06(a)(8)

Having adopted the Brunner tests to determine undue hardship questions, this Court must consistently apply that test and consider the debtor’s “current income and expenses” rather than the debtor’s ability to utilize the education he acquired through the loan.

Section 523(a)(8)(B) permits discharge of an educational loan for undue hardship only when the debtor proves that hardship.

Burgess v. Bank One Cleveland, N.A. (In Re Burgess) · filed 1997-01-10(a)(8)(B)

In other words, the Debtor has failed to prove any “undue” hardship, as is required under § 523(a)(8)(B).

Section 523(a)(8)(B) permits discharge of the portion of a student loan debt that would impose an undue hardship while leaving the debtor responsible for the rest.

Wetzel v. New York State Higher Education Services Corp. (In Re Wetzel) · filed 1996-12-30(a)(8)(B)

Authority for reducing-the total amount of indebtedness arises from an interpretation of Code § 523(a)(8)(B) which permits discharge of that portion of the indebtedness which constitutes an undue hardship, but holds the debtor responsible for the amount up to that limit of hardship.

Section 523(a)(8)(B)'s undue hardship exception requires good faith efforts to repay educational loans; minimal payments and deferment requests alone do not suffice without genuine efforts to improve finances and make payments.

Holtorf v. Illinois Student Assistance Commission (In Re Holtorf) · filed 1997-01-09(a)(8)(B)

In addition, while the Court finds from the foregoing that Holtorf has made minimal payments on his educational loans and requested deferments of such, he did not accompany these measures with bona fide attempts to get on his financial feet and make at least partial payment. Thus Holtorf made no good faith efforts to attempt repayment of his educational loans.

Section 523(a)(8)(B) permits discharge of student loans when repayment would impose an undue hardship, which the court assessed under the three-prong Brunner test.

Dotson-Cannon v. Department of Education (In Re Dotson-Cannon) · filed 1997-03-14(a)(8)(B)

I, thus, find that excepting Ms. Dotson’s student loans from discharge will impose an undue hardship on her, and I find that the debt evidenced by those student loans is dischargeable.

Section 523(a)(8)(B) does not require debtors to prove exceptional circumstances to establish undue hardship.

United Student Aid Funds, Inc. v. Pena (In Re Pena) · filed 1997-04-11(a)(8)(B)

The Cheesman standard used by the bankruptcy court is the better test. The Debtors’ prospects for future economic gain are capable of determination by taking into consideration their present marketable skills, the extent of their education, the prospect of acquisition of further education or skill training at their age and in their present status. The Debtors should not be required to prove that “exceptional circumstances” exist precluding an improved financial status in the future.

Section 523(a)(8) requires a debtor seeking to discharge student loans for undue hardship to show an inability to maintain a minimal standard of living while repaying them, circumstances likely to persist, and good faith efforts to repay.

Kring v. Citibank, N.A. (In Re Kring) · filed 1997-04-15(a)(8)

For student loan debt to be dis-chargeable on the basis of “undue hardship”, a debtor must show (1) that the debtor cannot maintain, based on current income and expenses, a minimal standard of living for self and dependents if forced to repay loans, (2) that additional circumstances exist indicating that the state of affairs is likely to persist for a significant portion of the repayment period of the student loans, and (3) that the debtor has made good faith efforts to repay the loans.

Section 523(a)(8)(B) permits courts to assess undue hardship separately for student loans that have not been consolidated.

Shankwiler v. National Student Loan Marketing (In Re Shankwiler) · filed 1997-04-30(a)(8)(B)

Under Hinkle, each student loan obligation, unless consolidated, can be considered separately for purposes of dischargeability.

Section 523(a)(8)(B) permits discharge of student loans when the debtor proves by a preponderance of the evidence that excepting them from discharge would impose an undue hardship.

Clevenger v. Nebraska Student Loan Program (In Re Clevenger) · filed 1997-06-13(a)(8)(B)

In sum, I find that debtor has met her burden of proving by a preponderance of the evidence that excepting her student loans from discharge would impose an undue hardship on her.

Section 523(a)(8)(B) requires a debtor seeking to discharge student loans for undue hardship to establish that repayment would prevent a minimal standard of living.

Borrero v. Connecticut Student Loan Foundation (In Re Michael Borrero) · filed 1997-05-30(a)(8)(B)

Even if the expenses listed in the Stipulation of Facts accurately reflect the plaintiffs current financial condition, that alone is insufficient to satisfy the first prong of the undue hardship test. The plaintiff has failed to establish a minimal standard of living base line, i.e., that the reported expenses were reasonable and necessary for a single person his age and state of health, who has no dependents.

Section 523(a)(8)(B) permits discharge of student loans when repayment would impose undue hardship.

Queen v. Pennsylvania Higher Education Assistance Agency · filed 1997-07-15(a)(8)(B)

Nonetheless, the findings made by the Bankruptcy Court do support its conclusion that Queen’s student loan debt is dis-chargeable for undue hardship.

Section 523(a)(8)(B) permits a court to discharge part of a student loan when repaying the full debt would impose undue hardship.

Rivers v. United Student Aid Funds, Inc. (In Re Rivers) · filed 1997-09-08(a)(8)(B)

This Court is in agreement with the latter cases which recognize a bankruptcy court’s ability to order a partial discharge of a student loan under certain circumstances.

Section 523(a)(8)(B) permits discharge of student loans when repayment would impose undue hardship, assessed through the debtor’s standard of living, likely future circumstances, and good faith efforts to repay.

Oswalt v. University at Buffalo (In Re Oswalt) · filed 1997-11-17(a)(8)(B)

This Court finds that the Debtor has made a showing sufficient to warrant discharge of his student loan debt under 11 U.S.C. § 523(a)(8)(B). ... Based on the foregoing, the Court finds that the Debtor’s current state of affairs is “likely to persist for a significant portion of the repayment period,” that the Debtor has made a good faith effort to repay the loans, and that the Debtor is only maintaining a “minimal” standard of living based on his current income and expenses.

Under § 523(a)(8)(B), a debtor’s ability to repay student loans requires meaningful amortization of the debt over a reasonable period.

Coats v. New Jersey Higher Education Assistance Authority (In Re Coats) · filed 1997-10-21(a)(8)(B)

The “ability to pay a debt” is more than the mere ability to pay all or a portion of the interest on the debt as it becomes due. The ability to make some meaningful amortization of the debt must also be present. A court should consider the potential duration of repayment as it considers the issue of undue hardship.

Section 523(a)(8)(B) permits a court to assess undue hardship under the totality of the circumstances and discharge the remaining student loan debt.

Strauss v. Student Loan Office-Mercer University (In Re Strauss) · filed 1998-01-12(a)(8)(B)

The Court believes that this test should be applied here and that, under that test, ECMC’s debt should be discharged on “undue hardship” grounds.

Section 523(a)(8)(B) permits courts to use the Brunner test to decide whether repaying student loans would impose an undue hardship.

Dolph v. Pennsylvania Higher Education, Assistance Agency (In Re Dolph) · filed 1998-01-29(a)(8)(B)

In the absence of the adoption of a specific test by the Sixth Circuit, this Panel holds that the Brunner test, as restated by the Sixth Circuit in Cheesman, is an appropriate test to apply in adversary proceedings regarding the dischargeability of' student loans.

Section 523(a)(8)(B) requires a debtor seeking to discharge a student loan for undue hardship to show that an inability to repay is likely to persist for a significant part of the repayment period.

Palanca v. Texas Guaranteed Student Loan Corp. (In Re Palanca) · filed 1998-03-12(a)(8)(B)

Under § 523(a)(8) of the Bankruptcy Code, Title 11 U.S.C., the Plaintiffs indebtedness on his 1994 loan is non-dis-chargeable unless he establishes that excepting the debt from discharge will impose an “undue hardship” on him and his dependents. ... Before Plaintiff could meet his burden, he would have to demonstrate diligent, good faith efforts to obtain a better paying position in order to enhance his current income, that such efforts proved fruitless, and that renewed efforts would be likely to fail over a substantial portion of the scheduled loan repayment period. This he has not established. Accordingly, on the present record judgment must be entered herein in favor of Texas Guaranteed Student Loan Corporation.

Section 523(a)(8)(B) allows an incurable mental impairment that prevents a debtor from maintaining a minimal standard of living to satisfy the persistence part of the student loan undue hardship test, absent evidence against discharge.

Doherty v. United Student Aid Funds, Inc. (In Re Doherty) · filed 1998-03-27(a)(8)(B)

It is further found that a debtor who falls within the above category may, without more, satisfy the second prong of the Second Circuit’s test in the Brunner case, but only in the absence of evidence militating against discharge of the debt.

Section 523(a)(8)(B) permits discharge of a student loan for undue hardship when the debtor cannot maintain a minimal standard of living, that condition is likely to continue, and the debtor made a good faith effort to repay.

Kasey v. Pennsylvania Higher Education Assistance Authority (In Re Kasey) · filed 1998-05-27(a)(8)(B)

From the facts and circumstances in this case, this Court finds and concludes that the requirements of section 523(a)(8)(B) are met and that the Debtor is unable to maintain a minimum standard of living for herself; that her condition is likely to continue in the future; and that the Debtor, in good faith, testified that she could not possibly make any payments on the loan.

Section 523(a)(8)(B) requires a debtor to prove by a fair preponderance of the evidence that repaying a student loan would impose undue hardship.

New York State H. Ed. Serv. v. Geagea, No. Cv96-0134733 S (Jun. 2, 1998) · filed 1998-06-02(a)(8)(B)

Clearly, in order to discharge the debt, defendant would have had to have proven to the Bankruptcy Court by a fair preponderance of the evidence, that repayment of the student loan would impose upon him an undue hardship and there is no evidence that this was done.

Section 523(a)(8)(B) requires a debtor to establish undue hardship before student loans may be discharged.

In Re: Steven Lynn Hornsby Teresa Lynn Hornsby, Debtors. Tennessee Student Assistance Corporation v. Hornsby · filed 1998-06-09(a)(8)(B)

The Hornsbys’ financial circumstances and management of their debts do not meet any test of undue hardship such to justify discharge of their student loan obligations.

Section 523(a)(8)(B) does not permit discharge of a student loan for undue hardship when the debtor's inability to repay results from his own choice.

Lehman v. New York Higher Education Services Corp. (In Re Lehman) · filed 1998-07-09(a)(8)(B)

The only evidence Debtor produced is that he is presently unable to repay his debt by choice. Such evidence is insufficient to discharge a student loan under § 523(a)(8)(B).

Section 523(a)(8)(B) does not require a debtor and dependents to live at or below the poverty level to establish undue hardship for a student loan discharge.

Lebovits v. Chase Manhattan Bank (In Re Lebovits) · filed 1998-08-05(a)(8)(B)

This Court holds that while the “minimal standard of living” prong of the “undue hardship” test for discharge of a student loan obligation requires more than a showing of tight finances, it does not require the Debtor to demonstrate that repayment of the loan will cause him and his family to live at or below the poverty level.

Section 523(a)(8)(B) requires courts assessing undue hardship to consider a student loan debtor’s earning capacity, including available higher paying work.

United States Department of Education v. Rose (In Re Rose) · filed 1998-09-08(a)(8)(B)

A debtor cannot choose to take a low paying job and eschew a higher paying job (without compelling reason, which must be more than mere convenience) and thereby create undue hardship. Thus, the question is not what the debtor makes, or what the debtor plans to make in the future; the question is what is the debtor capable of earning.

Section 523(a)(8)(B) permits discharge of student loans for undue hardship when the debtor cannot maintain a minimal standard of living while repaying, that hardship is likely to persist for a significant part of the repayment period, and the debtor has made good-faith efforts to repay.

In Re Ernest J. Pena Julie Pena, Debtors, United Student Aid Funds, Inc. v. Ernest J. Pena Julie Pena · filed 1998-09-11(a)(8)(B)

We adopt the Brunner test as the test to be applied to determine the “undue hardship” required to discharge student loans in bankruptcy pursuant to 11 U.S.C. § 523(a)(8)(B). Applying this test, the bankruptcy court did not clearly err in finding that (1) the Penas could not maintain a minimal standard of living and repay then- student loans, (2) their unfortunate financial situation was likely to continue for a substantial portion of the repayment period, and (3) they made a good-faith attempt to pay the loans. The Penas established “undue hardship” within the meaning of 11 U.S.C. § 523(a)(8)(B), and they are entitled to a bankruptcy discharge of their student loans.

Section 523(a)(8) does not authorize a partial discharge of a student loan based on undue hardship.

United Student Aid Funds Inc. v. Taylor (In Re Taylor) · filed 1998-08-12(a)(8)

Consequently, because the plain language of § 523(a)(8) implies that only the entire debt can be discharged for undue hardship, and because Congress expressly limited the extent of a debt’s discharge in other subsections of § 523, we hold that § 523(a)(8) does not authorize a partial discharge of student loans.

Section 523(a)(8)(B) permits a court to reduce and restructure student loan debt even when the debtor has not shown undue hardship sufficient for a full discharge.

Roe v. Law Unit (In Re Roe) · filed 1998-09-04(a)(8)(B)

The Court finds that although these debts are not due to be discharged in full, the Debtor has at least made a sufficient showing to entitle him to a small reduction of the nondisehargeable portion of debt and to a restructuring of the remaining debt.

Section 523(a)(8)(B) permits discharge of student loans when the debtor proves undue hardship under the three-part Brunner test.

Young v. PHEAA · filed 1998-09-30(a)(8)(B)

Finding that all three elements of the Brunner test as articulated as to the student loan debts at issue in Faish have been met and that a “partial discharge” of these debts is not a viable option here, we will proceed to enter an order declaring the student loans of the instant Debtor dischargeable under 11 U.S.C. 523(a)(8)(B).

Section 523(a)(8)(B) requires a debtor seeking to discharge student loans for undue hardship to prove that financial hardship is likely to persist and that the debtor made good faith efforts to repay.

Pantelis v. Kent State University (In Re Pantelis) · filed 1998-12-31(a)(8)(B)

Accordingly, the Court finds that the Debtor has failed to carry her burden in proving, by a preponderance of the evidence, that circumstances will prevent her financial condition from improving in the future or that she has acted in good faith. Therefore, the Court finds that the Debtor’s student loans at issue are nondischargeable.

Section 523(a)(8) requires an all-or-nothing decision on discharging student loans for undue hardship; it does not permit a partial discharge.

Brown v. Salliemae Servicing Corp. (In Re Brown) · filed 1998-12-09(a)(8)

Absent a clear conviction that the Panel’s interpretation of the statute is wrong, this Court will defer to the decision of the B.A.P. ... Since Taylor dictates that the Court take an “all or nothing” role in deciding the undue hardship issue, this Court is persuaded to side with the Plaintiffs under the facts of this case.

Section 523(a)(8)(B) requires courts to consider both spouses’ income and expenses when joint debtors claim that repaying a student loan would impose undue hardship.

Elmore v. Massachusetts Higher Education Assistance Corp. (In Re Elmore) · filed 1999-02-26(a)(8)(B)

In a case such as the one at bar, where both Mrs. and Mr. Elmore as co-debtors have brought themselves within the purview of this Court, that is, where both have sought protection under the Bankruptcy Code, and where joint schedules have been offered into evidence (as modified by the Debtors’ testimony), the Court is bound to consider the income (and expenses) of both Debtors in determining “undue hardship” in the context of this dischargeability action.

Section 523(a)(8) presumes student loans are nondischargeable and requires debtors seeking discharge to prove undue hardship.

Holland v. U.S. Department of Education (In Re Holland) · filed 1999-01-25(a)(8)

Moreover, as the State officials contend, § 523(a)(8), the provision under which this adversary action is brought, is a self-effectuating provision, presuming student loans to be nondischargeable. It requires the debtors to bring an action and meet the burden of demonstrating undue hardship.

Section 523(a)(8) requires a separate undue hardship determination for each individual student loan.

Andresen v. Nebraska Student Loan Program, Inc. (In Re Andresen) · filed 1999-03-30(a)(8)

We hold that the bankruptcy court’s application of § 523(a)(8) to each of Andre-sen’s educational loans separately was not only allowed, it was required.

Section 523(a)(8) permits a court to discharge a student loan that would impose an undue hardship while leaving another student loan nondischargeable.

Williams v. Missouri Southern State College (In Re Williams) · filed 1999-04-29(a)(8)

Accordingly, the Court finds that excepting from discharge the educational loan obtained from the U.S. Department of Education, with a present balance of approximately $8,021.00, would impose an undue hardship on the Debtors and their dependents, and that the Debtors should therefore be granted a discharge from that debt. The Court finds that the Debtors will be able, without undue hardship, to repay the student loan owing to Missouri Southern State College in the present approximate amount of $3,290.00.

Section 523(a)(8) permits discharge of a student loan when excepting it from discharge would impose undue hardship on the debtor and her dependents.

Brown v. USA Group Loan Services (In Re Brown) · filed 1999-05-26(a)(8)

For the reasons set out below, the Court finds that excepting the consolidated student loan from discharge would place an undue hardship on the Debtor and her three minor children and therefore will grant the Debtor a discharge on the basis of her Complaint and will deny United Student Aid Funds the relief requested in its Counterclaim.

Section 523(a)(8)(B) permits discharge of a student loan when repayment would impose undue hardship on the debtor and the debtor’s dependents.

Markley v. Educational Credit Management Corp. (In Re Markley) · filed 1999-05-28(a)(8)(B)

If she were required to repay her educational loan, Debtor and her dependents could easily fall below the minimal standard of living that they are achieving. Moreover, Debtor would be forced to become an absentee parent, with a significantly detrimental impact on her children’s development and little offsetting benefit in terms of the amount of the Loan which could be repaid were Debtor to work two jobs. Furthermore, Debtor’s circumstances are likely to persist well into the foreseeable future. Therefore, this Court finds that a hardship discharge of the Loan pursuant to 11 U.S.C. § 523(a)(8)(B) is warranted.

Section 523(a)(8) permits educational loans to be discharged when repayment would impose an undue hardship on the debtor and the debtor’s dependents.

Thomsen v. Department of Education (In Re Thomsen) · filed 1999-06-07(a)(8)

For the reasons set forth below, Judgment shall be entered in favor of the Plaintiffs discharging their educational loan debt owed to the Defendant pursuant to 11 U.S.C. § 523(a)(8), since excepting such debts from Plaintiffs’ discharge will impose an undue hardship on the Debtors and their dependents.

Section 523(a)(8) allows a student loan to be discharged when the debtor proves undue hardship under the Brunner test.

Green v. Sallie Mae Servicing Corp. (In Re Green) · filed 1999-06-18(a)(8)

In conclusion, the Court, given the totality of circumstances of this case, finds that Ms. Green has met her burden of demonstrating, under the Brunner test, that she is entitled to a hardship discharge under § 523(a)(8).

Section 523(a)(8)(B) requires a debtor seeking to discharge student loans for undue hardship to show that her financial difficulties are likely to persist.

Young v. Education Financial Services, Inc. (In Re Young) · filed 1999-07-07(a)(8)(B)

Accordingly, the Court finds that the Debtor has failed to carry her burden in proving, by a preponderance of the evidence, that circumstances will prevent her financial condition from improving in the future. Therefore, the Court holds that the Debtor’s student loans at issue are nondischargeable.

Section 523(a)(8)’s undue hardship determination does not depend on the economic or educational value of the education received.

Powers v. Southwest Student Services Corp. (In Re Powers) · filed 1999-07-14(a)(8)

The Court does not believe that, in adopting the undue hardship provision, the Congress intended to tie a student loan discharge to the economic or educational utility of the education received.

Section 523(a)(8) permits discharge of student loan debt when repayment would impose undue hardship on the debtor and the debtor’s dependents, assessed under the totality of the circumstances.

Phelps v. Sallie Mae Loan Service Center (In Re Phelps) · filed 1999-07-14(a)(8)

Given the Debt- or’s past, current, and foreseeable financial condition, ... her necessary living expenses, and all of the circumstances surrounding this case, we find that payment of the Sallie Mae/HESC student loan obligations would indeed impose an undue hardship upon the Debtor and her son. Accordingly, we find the debt to be dischargeable under 11 U.S.C. § 523(a)(8).

Section 523(a)(8) requires a debtor seeking to discharge student loans to prove that repayment would impose an undue hardship.

Chapman v. California Student Aid Commission (In Re Chapman) · filed 1999-07-19(a)(8)

The burden is on Chapman to prove that his circumstances warrant discharge of his student loans.

Section 523(a)(8)(B) permits discharge of a student loan when repayment would impose undue hardship on the debtor and the debtor’s dependents.

Kasey v. Pa Higher Education · filed 1999-07-19(a)(8)(B)

Glenda Kasey appeals from the district court's order reversing the bankruptcy court's order determining that her student loans should be discharged pursuant to 11 U.S.C. § 523(a)(8)(B) (1994), because repayment of the loans would constitute an undue hardship. Because we find that the bankruptcy court's determinations were not clearly erroneous, we vacate the district court's order.

Section 523(a)(8) excepts an educational loan from discharge unless repayment would impose undue hardship on the debtor or the debtor’s dependents.

Luna v. Educational Credit Management Corp. (In Re Luna) · filed 1999-07-28(a)(8)

The Court cannot find that payment of his educational loan will cause undue hardship to Plaintiff or his dependents. Therefore, pursuant to 11 U.S.C. § 523(a)(8), the debt owing to Defendant, Educational Credit Management Corporation, is not dischargeable.

Section 523(a)(8) permits partial discharge of student loans when repayment of the full debt would impose an undue hardship.

Great Lakes Higher Education Corp. v. Brown (In Re Brown) · filed 1999-07-29(a)(8)

For the foregoing reasons, the Court AFFIRMS the bankruptcy court’s finding that the Browns met the undue hardship standard. The Court REVERSES the bankruptcy court’s holding that section 523(a)(8) does not allow for partial discharge and REMANDS the case to the bankruptcy court to determine the amount of student loans to be discharged.

Section 523(a)(8) requires an enduring or indefinite hardship of an extraordinary nature to discharge a student loan.

Douglass v. Great Lakes Higher Education Servicing Corp. (In Re Douglass) · filed 1999-08-19(a)(8)

Not just any hardship qualifies under § 523(a)(8). The “undue” aspect of the hardship necessarily must reflect some enduring or indefinite characteristic of an extraordinary nature which was not created as a result of the debtor’s own doing. Furthermore, a short term hardship is not sufficient to render the student loan debt dischargeable.

Section 523(a)(8) permits partial discharge of a student loan when repayment of the full amount would impose undue hardship.

Chambers v. National Payment Center (In Re Chambers) · filed 1999-09-07(a)(8)

As evinced herein, the Debtor is financially distressed and a total repayment of the loan would subject her and her dependents to undue hardship. ... Accordingly, an amount of $3,500.00 of the subject loan balance is hereby determined to be dischargeable. The balance of the loan obligation is hereby rendered non-dischargeable.

Section 523(a)(8) allows a student loan to be discharged when the debtor proves undue hardship, but does not authorize a partial discharge.

Salinas v. United Student Aid Funds, Inc. (In Re Salinas) · filed 1999-09-15(a)(8)

Section 523(a)(8) provides no alternatives — either a debt is dischargeable as an undue hardship or it is not. ... Accordingly, the student loans owed to the defendant are dischargeable as constituting an “undue hardship” within the meaning of 11 U.S.C. § 523(a)(8).

Section 523(a)(8) does not permit discharge of a student loan based on current unemployment alone when the debtor can work and has the ability to repay.

Clark v. United Student Aid Funds, Inc. (In Re Clark) · filed 1999-09-01(a)(8)

There are no unusual circumstances in this case other than the fact that Mr. Clark is currently unemployed. That one factor is insufficient for this Court to make a finding of undue hardship.

Section 523(a)(8) permits discharge of student loans when the debtor meets the undue hardship test.

Hunt v. NH Higher Ed. Asst. Fdn. · filed 1999-09-22(a)(8)

As a result. Hunt satisfies all three reguirements of the undue hardship test. Her student loans should be discharged. V. The bankruptcy judge's decision is reversed and Hunt's student loans are hereby discharged pursuant to 11 U.S.C. § 523 (a) (8) .

Section 523(a)(8) permits a student loan to be discharged in full when repayment would impose undue hardship on the debtor.

Peel v. SallieMae Servicing-Heal Loan (In Re Peel) · filed 1999-09-30(a)(8)

For the foregoing reasons, Debtor’s obligation to Educational Credit Management Corp. will be discharged in full pursuant to 11 U.S.C. § 523(a)(8). Failure to do so would place an undue hardship on Debtor for the present duration of the student loan and much longer.

Section 523(a)(8)(B) requires a court to consider a debtor's spouse's income when deciding whether repayment of student loans would impose an undue hardship.

In Re White · filed 1999-12-01(a)(8)(B)

This Court agrees, and finds as a matter of law that Ms. White's income should be considered in deciding whether Mr. White is able to pay his student loans and maintain a minimal lifestyle.

Section 523(a)(8) permits reduced or deferred student loan payments when repayment of the full debt would cause undue hardship.

Salinas v. United Student Aid Funds, Inc. (In Re Salinas) · filed 1999-12-07(a)(8)

Roberson allows the Bankruptcy Court under 11 U.S.C. § 523(a)(8) to fashion a remedy which includes delayed or reduced payments because of undue hardship. The Bankruptcy Court erred in not applying this standard. The Court finds that undue hardship does not foreclose plaintiffs repayment of his entire student loan debt. It may, however, allow for a reduced or deferred payment.

Section 523(a)(8)(B) does not permit an undue-hardship discharge of student loans when debtors can maintain a minimal standard of living while repaying them and have made no good faith effort to repay.

Hornsby v. Tennessee Student Assistance Corp. (In Re Hornsby) · filed 1999-12-29(a)(8)(B)

After reconsideration of the facts in the case and in light of the directives from the Sixth Circuit, this Court finds that the Hornsbys are not entitled to a discharge of their student loan debts. ... Even though they had taken forebearances on the notes, the Court finds that no good faith effort has been made by the Horns-bys to repay their loans. ... All of these factors seem to indicate three things: (1) the Hornsbys should have a sizeable amount of disposable income each month with which they could make a portion, if not all, of their student loan payments; (2) the Hornsbys have made no effort to minimize their expenses or adjust their standard of living to the level necessary to pay these loans; and (3) the Hornsbys can maintain a minimal standard of living, without subjecting themselves to abject poverty, and repay their student loans.

Section 523(a)(8), together with § 105, permits a bankruptcy court to discharge part of a student loan obligation.

Kapinos v. Graduate Loan Center (In Re Kapinos) · filed 2000-01-04(a)(8)

The court therefore concludes that § 523(a)(8), understood in combination with § 105, authorizes partial discharge of student loans.

Section 523(a)(8) makes student loan debts nondischargeable until the debtor establishes undue hardship, whether or not the creditor files a proof of claim.

Seay v. Tennessee Student Assistance Corp. (In Re Seay) · filed 2000-01-19(a)(8)

The debt would remain non-dischargeable until such time as the debtor established undue hardship, and this would be so whether the creditor in Rose ever filed a claim or not. Nondischargeability is the “default” situation for student loan debts.

Section 523(a)(8) makes student loans nondischargeable unless the debtor establishes that repayment would impose an undue hardship.

Fraley v. U.S. Dept. of Ed. (In Re Fraley) · filed 2000-01-31(a)(8)

ORDERED that the Plaintiffs student loan obligations to the Defendants are hereby determined to be nondischargeable debts pursuant to 11 U.S.C. § 523(a)(8).

Section 523(a)(8) keeps student loans nondischargeable when debtors fail to show that repayment would impose undue hardship.

Standfuss v. United States Department of Education (In Re Standfuss) · filed 2000-02-16(a)(8)

For the reasons set forth below, the Court finds the Debtors have failed to demonstrate that holding this debt to be nondischargeable would impose an undue hardship pursuant to 11 U.S.C. § 523(a)(8).

Under § 523(a)(8), the likelihood of success in a civil lawsuit does not determine whether repaying a student loan would impose an undue hardship.

Brown v. Educational Credit Management Corp. (In Re Brown) · filed 2000-03-13(a)(8)

Upon examining these arguments, the Court finds that the latter is without merit as the likelihood of success in a civil lawsuit is not related to the issue of undue hardship under § 523(a)(8).

Section 523(a)(8) requires a debtor seeking to discharge a student loan for undue hardship to show that the inability to repay is likely to persist and that the debtor made good faith efforts to repay.

New Jersey Higher Education Assistance Authority v. Zierden-Landmesser (In Re Zierden-Landmesser) · filed 2000-03-31(a)(8)

The Court holds, therefore, that the Debtor has not satisfied her burden under the Faish-Brunner standard and that her student loan obligation to NJHEAA is not dischargeable under 11 U.S.C. § 523(a)(8).

Section 523(a)(8) requires debtors to show undue hardship to discharge student loans.

In Re Fox · filed 2000-03-31(a)(8)

Pursuant to § 523(a)(8), debtors must demonstrate “undue hardship” in order to have their student loans discharged. ... In this case, Debtors have not made the required showing under this three-pronged test.

Section 523(a)(8) requires undue hardship to be assessed separately for each unconsolidated student loan, allowing some loans to be discharged while others remain nondischargeable.

Hollister v. University of North Dakota (In Re Hollister) · filed 2000-04-03(a)(8)

First, this court agrees with the panel that applying the all or nothing approach to individual student loans comports with the statutory language. ... Thus, the court adopts the approach taken by the Andresen court and will apply it in this case as requested by ECMC.

Section 523(a)(8) makes student loans nondischargeable unless repayment would impose an undue hardship on the debtor or the debtor’s dependents.

Boyd v. U.S. Dept. of Education (In Re Boyd) · filed 2000-04-10(a)(8)

Based upon that review, and for the following reasons, the Court finds that the Plaintiffs repayment of the student loan debts would not impose an undue hardship, and therefore, the loans are non-dischargeable pursuant to 11 U.S.C. § 523(a)(8).

Section 523(a)(8) permits discharge of a student loan when excepting it from discharge would impose undue hardship on the debtor and the debtor’s dependents.

Vermont Student Assistance Corp. v. Coulson (In Re Coulson) · filed 2000-04-10(a)(8)(B)

Debtor has made a sufficient showing of undue hardship under the Brunner standard and is therefore entitled to be excused from her student loan obligation.

Section 523(a)(8) permits a partial hardship discharge of student loans based on the debtor’s ability to repay while maintaining a minimal standard of living.

Jones v. National Payment Center (In Re Jones) · filed 2000-03-16(a)(8)

The Court will allow Jones to continue building her savings so that she may become self-sufficient by discharging all but $13,000 of her student loans and giving her approximately six years to repay this amount.

Section 523(a)(8) permits a court to discharge the portion of a student loan that would impose an undue hardship.

Lohr v. Lubman (In Re Lohr) · filed 2000-04-03(a)(8)

Thus, the court can, at its discretion, excuse any portion of the debtor’s student loan obligations which would create an undue hardship and can recommend a payment plan which will lead to the reduced obligation being paid in full.

Section 523(a)(8)’s undue hardship inquiry considers the debtor’s age and ability to repay the student loan while maintaining a minimum standard of living.

Brown v. Union Financial Services, Inc. (In Re Brown) · filed 2000-04-12(a)(8)

I, therefore, find that Brown, in light of her age, does not have the current or future financial resources to repay her student loan obligation and maintain a minimum standard of living. I further find that Brown’s age is a relevant circumstance to be considered by the Court in making that determination.

Section 523(a)(8) permits discharge of a student loan when repayment would impose undue hardship, assessed under the totality of the circumstances.

Morgan v. United States (In Re Morgan) · filed 2000-04-25(a)(8)

Thus, Andrews and other opinions adopting the totality of circumstances analysis will serve as guides in determining the dischargeability of the student loans at issue in the cases before the Court. ... Requiring Rebecca Morgan to re-pay her student loan debt to SLGF would impose an undue hardship on her and her dependents, and the loan is, therefore, discharged. However, in light of the relevant circumstances, Clarence Cearley has not met his burden of proof in showing undue hardship, and his complaint to determine dischargeability is dismissed.

A debtor seeking full discharge of educational loans under § 523(a)(8) bears the burden of proving that repayment would impose undue hardship.

Kapinos v. Graduate Loan Center (In Re Kapinos) · filed 2000-05-11(a)(8)

The Debtor has not carried her burden of proof that discharge in full of the educational loans in issue in this proceeding is necessary to avoid subjecting her to an “undue hardship” within the meaning of 11 U.S.C. § 523(a)(8).

Section 523(a)(8) permits discharge of a student loan for undue hardship under a totality of the circumstances test that considers the debtor's financial resources, necessary living expenses, and other facts unique to the case.

Cline v. Illinois Student Loan Assistance Ass'n (In Re Cline) · filed 2000-05-15(a)(8)

Undue hardship is not defined by the Code. In the Eighth Circuit, the test for undue hardship is the totality of the circumstances, with particular attention to the debtor's current and future financial resources, necessary reasonable living expenses for the debtor and the debtor's dependents, and any other facts unique to the particular bankruptcy case.

Section 523(a)(8) requires a debtor seeking an undue hardship discharge of student loans to show good faith efforts to repay, including realistically exhausting opportunities to maximize income and minimize expenses.

Grine v. Texas Guaranteed Student Loan Corp. (In Re Grine) · filed 2000-08-09(a)(8)

Rather, the Court is simply holding that for a debtor to meet his or her burden under the third prong of the Brunner Test, evidence must exist which demonstrates that a debtor, in their effort to maximize income and minimize expenses, has realistically exhausted all possible avenues of opportunity. Accordingly, as the Debtor has failed to sustain her burden under the third prong of the Brunner Test, the court must find that the Debtor is not entitled to have her student loans discharged on the basis of undue hardship under § 523(a)(8).

Former § 523(a)(8)(B) requires a debtor seeking an undue hardship discharge of student loans to continue making good faith repayment efforts during the bankruptcy proceeding.

United States Department of Education v. Wallace (In Re Wallace) · filed 2000-07-10(a)(8)(B)

A debtor’s obligation to make “good faith” efforts to repay his educational loans is not extinguished with the filing of an adversary proceeding in bankruptcy.

Section 523(a)(8) permits a debtor’s tithes to count as an expense in some circumstances when determining whether student loan repayment would cause undue hardship.

Educational Credit Management Corp. v. McLeroy (In Re McLeroy) · filed 2000-07-10(a)(8)

This Court agrees with the reasoning in Lynn, and holds that a debtor’s tithes may be considered in some circumstances as an appropriate expense for the purpose of determining undue hardship in a § 523(a)(8) adversary action to discharge a student loan.

Section 523(a)(8) requires a debtor seeking to discharge student loans for undue hardship to satisfy all three Brunner prongs; the debtor’s failure to do so leaves the loans nondischargeable.

Downey v. Sallie Mae, Inc. (In Re Downey) · filed 2000-08-24(a)(8)

For the reasons more fully outlined below, the student loan debt that was the subject of the controversy is held to be non-dis-chargeable under 11 U.S.C. § 523(a)(8).

Section 523(a)(8) makes a student loan nondischargeable when the debtor fails to prove undue hardship.

Miller v. U.S. Dept. of Education (In Re Miller) · filed 2000-09-01(a)(8)

Accordingly, for these reasons, the Court must hold that the Debtor’s student loan obligation to the Defendant is, in accordance with 11 U.S.C. § 523(a)(8), a nondischargeable debt in bankruptcy.

Section 523(a)(8)(B) does not permit discharge of a student loan for undue hardship when the debtor can make payments while maintaining a minimal standard of living.

Educational Credit Management Corp. v. Ross · filed 2000-09-06(a)(8)(B)

Plaintiffs living arrangement, absence of dependents and negligible expenses make it more than feasible for plaintiff to make payments on her loan while maintaining a minimal standard of living. ... IT IS ORDERED that the Bankruptcy Court is REVERSED; the educational loan held by defendant ECM is not discharged under 11 U.S.C. § 523(a)(8)(B).

Section 523(a)(8) permits a court to assess each student loan separately and discharge a loan that would impose an undue hardship.

Ledbetter v. United States Department of Education (In Re Ledbetter) · filed 2000-09-12(a)(8)

For the foregoing reasons, the Court finds that only one of Ledbetter’s student loans, in the principal amount of $2,625.00, imposes an undue hardship and is subject to discharge.

Section 523(a)(8) excepts student loans from discharge unless the debtor proves undue hardship, including that financial distress is likely to persist for a significant part of the repayment period.

Berry v. Educational Credit Management Corp. (In Re Berry) · filed 2000-10-04(a)(8)

Accordingly, the Court cannot find that the Debtor has carried his burden under the second prong of the Brunner Test, and thus the Debtor is not entitled to receive a hardship discharge of his student loan obligations to the Defendant in accordance with 11 U.S.C. § 523(a)(8).

Section 523(a)(8) permits discharge of a student loan when repayment would impose undue hardship on the debtor and the debtor’s dependents.

Turretto v. United States (In Re Turretto) · filed 2000-10-12(a)(8)

For the stated reasons above, Debtor’s obligation to the United States of America will be discharged in full pursuant to 11 U.S.C. Section 523(a)(8). A failure to discharge the student loan debt would place an undue hardship upon the Debtor by placing her in a situation where she would likely be unable to maintain a minimum standard of living.

Section 523(a)(8) excludes religious and charitable donations from expenses when determining whether repaying a qualifying student loan would impose undue hardship.

Ritchie v. Northwest Education Loan Ass'n (In Re Ritchie) · filed 2000-11-09(a)(8)

All factors considered, the Court construes Section 523(a)(8) to exclude religious and charitable donations as a proper expense item in determining whether a debtor would be unduly burdened by not discharging qualifying student loan debt.

Section 523(a)(8)(B) requires a debtor seeking to discharge student loans to prove undue hardship, including that the hardship is likely to persist.

Randall v. Norwest Student Loan Services (In Re Randall) · filed 2000-11-15(a)(8)(B)

Accordingly and for the reasons stated, this Court concludes that the Debtor has failed to carry her burden of proof on the issue of undue hardship pursuant to section 523(a)(8)(B) of the United States Bankruptcy Code and thus, the remaining indebtedness outstanding and owing to the Defendant Educational Credit Management Corporation, the assignee of the loans at issue, is nondischargeable.

Section 523(a)(8) requires more than financial difficulty to discharge student loans for undue hardship; the debtor must show other extenuating circumstances.

Marsh v. Moorehead State College (In Re Marsh) · filed 2000-11-20(a)(8)

Furthermore, in order to obtain a hardship discharge under § 523(a)(8), debtors must show more than mere financial difficulty, for if that were the requirement, all student loans in bankruptcy would be dischargeable. As set forth in this Order, undue hardship requires financial hardship combined with other extenuating circumstances.

Section 523(a)(8) requires a debtor seeking to discharge student loans for undue hardship to show that her financial condition is likely to persist for a significant portion of the repayment period.

Hatfield v. William D. Ford Federal Direct Consolidation Program (In Re Hatfield) · filed 2000-11-29(a)(8)

Kim has not satisfied her burden of proof under § 523(a)(8). In particular, Kim has failed to satisfy the second prong of the test set forth in Brunner, 831 F.2d at 396, and Pena, 155 F.3d at 1114, by showing, by a preponderance of the evidence, that her state of affairs is likely to persist for a significant portion of the student loan repayment period and thus, that excepting such debts from Kim’s discharge will impose an undue hardship.

Section 523(a)(8) requires a debtor seeking to discharge student loans for undue hardship to show that the inability to repay is likely to persist for a significant part of the repayment period.

Gettle v. Sallie Mae Servicing Corp. (In Re Gettle) · filed 2000-11-30(a)(8)

Therefore, the Court concludes that Gary has not satisfied his burden under § 523(a)(8) by showing his present financial condition is likely to persist for any lengthy period of time.

Section 523(a)(8) permits discharge of student loans for undue hardship when the debtor proves that financial resources, necessary living expenses, and other circumstances prevent a minimal standard of living if the loans remain due.

Dolan v. American Student Assistance (In Re Dolan) · filed 2000-12-12(a)(8)

Therefore, in order for this Debtor’s student loans to be discharged in bankruptcy for undue hardship, he must prove by a preponderance of the evidence, that (1) his past, present, and reasonably reliable future financial resources; (2) his and his dependents’ reasonably necessary living expenses, and; (3) other relevant facts or circumstances particular to the Debtor’s case are such that excepting the student loans from discharge will prevent the Debtor from maintaining a minimal standard of living, even with the advantage of a discharge of his other pre-petition debts.

Section 523(a)(8) permits a court to partially discharge student loans when repaying the full debt would impose undue hardship.

Logan v. N.C. State Education Assistance Authority (In Re Logan) · filed 2000-12-12(a)(8)

Pursuant to 11 U.S.C. § 523(a)(8), the Court may discharge an otherwise nondischargeable loan if excepting the debt from discharge will impose an undue hardship on the debtor or debtor’s dependents. ... The Court is authorized under In re Hornsby, 144 F.3d 433, 440 (6th Cir.1998), to institute its own payment schedule whereby the student loans are partially discharged.

Section 523(a)(8) permits discharge of student loans for undue hardship when the debtor cannot maintain a minimal standard of living while repaying them, the hardship is likely to persist, and the debtor has made good faith repayment efforts.

Kettler v. Great Lakes Higher Education Serving Corp. (In Re Kettler) · filed 2000-12-18(a)(8)

After researching the applicable law, the Court concludes that Marilyn Kettler is entitled to discharge pursuant to § 523(a)(8) of the Bankruptcy Code.

Section 523(a)(8) permits discharge of student loan debt when repayment would impose undue hardship, assessed under the totality of the circumstances.

Anelli v. Sallie Mae Servicing Corp. (In Re Anelli) · filed 2000-12-18(a)(8)

Therefore, without accepting one test at the exclusion of the others, the Court adopts the totality of the circumstances approach and will consider several factors placing no undue emphasis on any one of them in determining “undue hardship.”

Section 523(a)(8) excepts student loans from discharge unless the debtor proves that repayment would impose undue hardship.

Thoms v. Educational Credit Management Corp. (In Re Thoms) · filed 2001-01-05(a)(8)

The Debtor has not established the criteria required for a showing, pursuant to § 523(a)(8) of the Code, that she will suffer undue hardship if required to repay the student loans. Therefore, the Debtor’s student loan obligations are not discharged.

Section 523(a)(8) requires a student loan co-obligor to establish undue hardship independently to discharge that co-obligor’s liability.

Wilcox v. Educational Credit Management (In Re Wilcox) · filed 2001-01-16(a)(8)

Notwithstanding, merely because Mrs. Wilcox is entitled to have her student loans discharged on the basis of “undue hardship” does not automatically entitle Mr. Wilcox to the same treatment. Rather, Mr. Wilcox, as a co-obligor on one of Mrs. Wilcox’s student loans, must also establish that he meets the requirements of the Brunner Test.

Section 523(a)(8)’s undue hardship inquiry may consider an available income contingent consolidation plan that reduces payments and extends the repayment period.

Wynn v. Missouri Coordinating Board of Education (In Re Wynn) · filed 2001-01-22(a)(8)

There is no language in Brunner that indicates a modified period cannot be considered if the debt is restructured or consolidated so that the monthly payments are reduced and the repayment period is lengthened. Once Debtor consolidates the loans under an income contingent plan then the repayment period is extended up to 25 years. I must decide if Debtor will be unable to maintain a minimal standard of living for the maximum 25 year term if required to pay back the loans.

Section 523(a)(8) requires a debtor seeking to discharge student loans to prove that repayment would impose an undue hardship.

Bloch v. Windham Professionals (In Re Bloch) · filed 2001-01-23(a)(8)

Once the creditor makes this threshold showing, the burden shifts to the debtor to prove that excepting the student loan debt from discharge will cause the debtor and her dependant’s “undue hardship.” ... In this case, the Debtor has failed to present evidence of any facts or circumstances that would lead this Court to conclude that excepting her student loans from discharge would impose an undue hardship.

Section 523(a)(8) permits discharge of student loans when the debtor proves by a preponderance of the evidence that repayment would impose an undue hardship under the three-part Brunner test.

Hurley v. Student Loan Acquisition Authority (In Re Hurley) · filed 2001-01-31(a)(8)

The Plaintiff satisfied her burden of proof under § 523(a)(8) and all three prongs of the test set forth in Brunner, 831 F.2d at 396, and Pena, 155 F.3d at 1114, and has shown by a preponderance of the evidence that excepting such debts from her discharge would impose on her an undue hardship.

Section 523(a)(8) permits a debtor to discharge student loans by proving undue hardship under the three-part Roberson test.

Salinas v. United Student Aid Funds, Inc. (In Re Salinas) · filed 2001-02-14(a)(8)

Accordingly, upon studying the evidence and testimony presented after the deferral of this matter, the Court concludes that the debtor has satisfied his burden under 11 U.S.C. § 523(a)(8). He has met all three parts of the Roberson test.

Section 523(a)(8) permits a debtor to discharge student loans by proving that repayment would impose undue hardship in light of financial resources, necessary living expenses, and other circumstances.

Gotay v. Educational Credit Management Corp. (In Re Gotay) · filed 2001-02-27(a)(8)

For all of the foregoing reasons the Debtor’s indebtedness to the Defendant Educational Credit Management Corp. in the approximate amount of $20,711.63 is hereby discharged insofar as she has satisfied her burden of showing undue hardship under § 523(a)(8) of the United States Bankruptcy Code.

Section 523(a)(8) permits discharge of student loan debt upon a showing of undue hardship, but does not authorize courts to defer repayment or restructure the debt.

Mallinckrodt v. Chemical Bank (In Re Mallinckrodt) · filed 2001-04-04(a)(8)

The debtor is entitled to a discharge of his student loan debt only if he demonstrates that repayment would constitute an “undue hardship.” Nothing in the statutory language even remotely suggests that Congress wanted the bankruptcy courts to delay making this determination, or serve as loan workout specialists by restructuring the debt.

Section 523(a)(8) permits discharge of student loans when the debtor proves that repayment would cause undue hardship.

Meling v. United States, Department of Education (In Re Meling) · filed 2001-04-09(a)(8)

Evaluating the record as a whole, the Court finds that Debtor has carried her burden of proving that an undue hardship exists under § 523(a)(8), despite the strong legislative policy against discharge such loans.

Section 523(a)(8) requires financial hardship and additional extenuating circumstances to discharge a student loan for undue hardship.

Naranjo v. Educational Credit Management Corp. (In Re Naranjo) · filed 2001-04-10(a)(8)

In order to obtain a hardship discharge under § 523(a)(8), debtors must show more than mere financial difficulty; for if that were the requirement, all student loans in bankruptcy would be dischargeable. Undue hardship requires financial hardship combined with other extenuating circumstances.

Section 523(a)(8) does not permit an undue hardship discharge of student loans unless the debtor proves that her financial hardship is likely to persist for a significant portion of the repayment period.

Rifino v. United States (In re Rifino) · filed 2001-04-13(a)(8)

Rifino failed to prove that her present circumstances are likely to persist for a significant portion of the repayment period of her student loans. We hold that Rifi-no’s student loans are not dischargeable pursuant to 11 U.S.C. § 523(a)(8).

Section 523(a)(8) makes student loans nondischargeable unless the debtor proves undue hardship.

Robbins v. U.S. Dept. of Education (In Re Robbins) · filed 2001-04-23(a)(8)

First, in accordance with the undue hardship standard set forth in § 523(a)(8), the Court cannot find that the Plaintiff has met her burden of proof thereunder.

Section 523(a)(8) permits discharge of a student loan when excepting it from discharge would impose an undue hardship on the debtor.

Soler v. United States Ex Rel. United States Department of Health & Human Services (In Re Soler) · filed 2001-04-26(a)(8)

Excepting the USAF loan from discharge would impose an undue hardship on the debtor within the meaning of 11 U.S.C. § 523(a)(8).

Section 523(a)(8) requires a debtor seeking to discharge student loan debt for undue hardship to prove that hardship by a preponderance of the evidence.

McCormick v. Diversified Collection Services, Inc. (In Re McCormick) · filed 2001-03-23(a)(8)

McCormick bears the burden, both in terms of production of evidence and of persuasion, of proving undue hardship by a preponderance of the evidence.

Section 523(a)(8) permits discharge of only the portion of a student loan whose repayment would cause undue hardship.

Saxman v. U.S. Department of Education (In Re Saxman) · filed 2001-04-17(a)(8)

On remand, the bankruptcy court is instructed to determine how much of the ECMC loan would create an undue hardship. Only the portion that results in undue hardship should be discharged.

Section 523(a)(8) requires a debtor seeking an undue hardship discharge of student loans to prove that her financial hardship is likely to persist for a significant portion of the repayment period.

Rifino v. United States · filed 2001-05-10(a)(8)

Rifino failed to prove that her present circumstances are likely to persist for a significant portion of the repayment period of her student loans. We hold that Rifi-no’s student loans are not dischargeable pursuant to 11 U.S.C. § 523(a)(8).

Section 523(a)(8) permits discharge of a student loan for undue hardship, and good faith does not require the debtor to seek every possible alternative repayment program.

Carlson v. UNIPAC Student Loan (In Re Carlson) · filed 2001-05-18(a)(8)

The Court disagrees with Defendant’s implication that it is Plaintiffs responsibility to seek out every possible alternative payment plan available before she can meet the burden of demonstrating good faith. It is conceivable that there might be a charitable foundation in existence that would possibly provide Debtor with financial assistance; however, the Court is of the opinion that to put a debtor to the impossible burden to seek out every possible program in existence was not contemplated by Congress when § 523(a)(8) was enacted.

Section 523(a)(8)(B) requires a debtor seeking to discharge student loans for undue hardship to satisfy all three prongs of the Brunner test; a debtor who can maintain a minimal standard of living by working more and reducing housing costs fails the first prong.

California Student Aid Commission v. Williams · filed 2001-05-24(a)(8)(B)

The bankruptcy court clearly erred in finding that Appellant satisfied the first prong by concluding that he could not maintain a “minimal” standard of living if compelled to repay his student loans. ... Requiring Williams to work during the summer and to find a less expensive apartment would not be unconscionable, and would allow him to make payments on his student loans.

Section 523(a)(8) does not allow an undue-hardship discharge when debtors can repay their student loans but choose not to earn enough to do so.

Furneri v. Graduate Loan Center (In Re Furneri) · filed 2001-06-20(a)(8)

Furneri and Salustri have not established that repayment of their student loans would constitute an undue hardship under 11 U.S.C. § 523(a)(8). Their economic wounds are self-inflicted. They have the ability, if they choose, to repay their loans.

Section 523(a)(8) requires a debtor seeking to discharge a student loan for undue hardship to prove an inability to maintain a minimal standard of living, circumstances likely to persist, and good faith efforts to repay.

England v. United States (In Re England) · filed 2001-07-03(a)(8)

Under the analysis, it must be shown that: (1) the debtor cannot maintain, based on current income and expenses, a minimal standard of living if forced to repay the loans; (2) additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and (3) the debtor has made good faith efforts to repay the loans.

Section 523(a)(8) permits discharge of a student loan if excepting it from discharge would impose undue hardship on the debtor.

Svoboda v. Educational Credit Management Corp. (In Re Svoboda) · filed 2001-07-06(a)(8)

A student loan obligation may be discharged in bankruptcy if excepting such loan from discharge would result in an undue hardship on the debtor. 11 U.S.C. § 523(a)(8). ... Accordingly, we affirm the bankruptcy court’s judgment of November 15, 2000, which determined that the student loan obligation at issue is non-dischargeable under 11 U.S.C. § 523(a)(8).

Section 523(a)(8) requires a debtor seeking to discharge student loans for undue hardship to make good-faith efforts to repay them; seeking forbearance to avoid payment alone does not establish good faith.

Goulet v. Educational Credit Management Corp. (In Re Goulet) · filed 2001-07-11(a)(8)

Seeking to avoid any payment can hardly be the basis for a finding of good faith effort to repay. Good faith is measured by the debtor’s efforts to obtain employment, maximize income and minimize expenses.

Section 523(a)(8) requires a debtor seeking a full undue-hardship discharge of student loans to show that an inability to repay will persist for a significant portion of the repayment period.

Garybush v. U.S. Department of Education (In Re Garybush) · filed 2001-08-07(a)(8)

Next, the Debtor must demonstrate that her present inability to repay the student loans will continue for a significant portion of the repayment period. ... Therefore, the court determines that the Debtor’s current inability to pay is unlikely to last into the future once her children are of school age.

Section 523(a)(8) permits a partial discharge of student loan debt when repayment of the full obligation would impose undue hardship.

Barron v. Texas Guaranteed Student Loan Corp. (In Re Barron) · filed 2001-07-02(a)(8)

The unique circumstances of this case justify this Court’s use of § 105(a) to grant to the Debtor only a partial discharge of her student loan obligation to the Defendant.

Section 523(a)(8) permits discharge of student loans when a debtor doing his best cannot maintain basic necessities while repaying them.

Speer v. Educational Credit Management Corp. (In Re Speer) · filed 2001-09-06(a)(8)

To the contrary, to provide such debtors the fresh start they deserve, undue hardship should be found to exist for any debtor who, although doing his best under the circumstances, will not be able to maintain the basic necessities of life (shelter, food, medical care, clothing, etc.) and at the same time repay student loan debt. Under that test, it is clear Mr. Speer has proven undue hardship.

Section 523(a)(8) excepts student loan debt from discharge when the debtor fails to prove that repayment would cause undue hardship.

McCormick v. Diversified · filed 2001-09-07(a)(8)

Because McCormick has not provided a trial transcript, see Fed. R. Bankr. P. 8006, we must defer to the bankruptcy court's finding that McCormick failed to prove she could not repay this debt without undue hardship.

A debtor relying on a mental illness to establish undue hardship under § 523(a)(8) must provide corroborating evidence of the illness.

Swinney v. Academic Financial Services (In Re Swinney) · filed 2001-09-19(a)(8)

Although such evidence does not have to necessarily consist of extensive expert testimony, such evidence should consist of more than simply bare allegations; that is, whenever a debtor’s health, whether mental or physical, is directly put at issue some corroborating evidence must be given supporting the proponent’s position. ... Accordingly, the Debtor’s student loan obligation to the Creditor will not, on the basis of “undue hardship,” be discharged under § 523(a)(8).

Section 523(a)(8) permits a partial discharge of student loan debt when repayment would impose undue hardship.

Yapuncich v. Montana Guaranteed Student Loan Program (In Re Yapuncich) · filed 2001-09-26(a)(8)

Therefore, Rebecca’s 5 student loan debts and all accrued interest thereon owed and owing by the Plaintiff to the Defendant ECMC shown by Ex. C are dischargeable and discharged under 11 U.S.C. § 523(a)(8) except for the principal amount of $20,000, which is excepted from Plaintiffs discharge and shall be payable in monthly payments to be arranged between the parties beginning at the end of June, 2003, at zero percent (0%) interest (APR) until paid in full.

Section 523(a)(8) requires a debtor seeking to discharge student loans for undue hardship to show that an inability to maintain a minimal standard of living while repaying them is likely to persist for a significant portion of the repayment period.

Brightful v. Pennsylvania Higher Education Assistance Agency (In Re Brightful) · filed 2001-10-03(a)(8)

Under the second element of the test, Brightful must prove that additional circumstances exist indicating that she cannot maintain a minimal standard of living for a significant portion of the repayment period if forced to repay her loans.

Section 523(a)(8) requires a debtor seeking to discharge student loans for undue hardship to show that an inability to maintain a minimal standard of living is likely to persist for a significant portion of the repayment period.

In Re: Patricia A. Brightful · filed 2001-10-03(a)(8)

Under the second element of the test, Brightful must prove that additional circumstances exist indicating that she cannot maintain a minimal standard of living for a significant portion of the repayment period if forced to repay her loans. ... Because Brightful has failed to meet her burden under the second prong of the Faish test, we hold that her student loans are not dischargeable, and there is no need for us to address the third prong of the test.

Section 523(a)(8) permits discharge of student loans for undue hardship when the debtor proves an inability to maintain a minimal standard of living while repaying them, that this condition is likely to persist, and good faith efforts to repay.

In Re Kelsey · filed 2001-10-23(a)(8)

Based upon all the competent and credible evidence the debtor has shown by a preponderance of the evidence that she has satisfied the three elements of the Brunner test and refuted the defendants' defenses thereto under § 523(a)(8). Therefore this Court grants final judgment in favor of the debtor, and deems the debtor's subject student loans held by these defendants dischargeable under the particular circumstances of this case.

Section 523(a)(8) permits discharge of a student loan when repayment would impose an undue hardship, considering the debtor’s ability to maintain a minimal standard of living, whether that hardship is likely to persist, and good-faith efforts to repay.

Ivory v. United States (In Re Ivory) · filed 2001-10-29(a)(8)

Ms. Ivory cannot maintain, based on current income and expenses, a minimal standard of living for herself and her dependents if forced to repay the loan. Additional circumstances exist indicating that Ms. Ivory’s state of affairs is likely to persist for a significant portion of the repayment period of the student loan. Ms. Ivory has made a good faith effort to repay the loan. Consequently, excepting Ms. Ivory’s student loan debt from her discharge in this case will impose an undue hardship on her and her dependents. Ms. Ivory’s student loan should be discharged.

Section 523(a)(8)(B) permits discharge of student loans for undue hardship, but the debtor must show that repayment would prevent her from maintaining a minimal standard of living.

Shirzadi v. U.S.A. Group Loan Services (In Re Shirzadi) · filed 2001-11-19(a)(8)(B)

However, based on the evidence now before it, the Court must conclude that Shirzadi has failed to prove by a preponderance of the evidence that she will not be able to maintain a minimum standard of living if forced to repay the Loans.

A debtor seeking to discharge a student loan for undue hardship under § 523(a)(8) must bring an adversary proceeding.

In Re Loving · filed 2001-11-19(a)(8)

Finally, Loving asks that the Court discharge the balance of the Loans now due ECMC based on § 523(a)(8)’s concept of “undue hardship.” An action under § 523(a)(8) must be initiated via an adversary proceeding under Bankruptcy Rule 7001(6).

Under § 523(a)(8), a debtor’s failure to make voluntary payments or seek forbearance or deferment is one factor in the undue hardship inquiry, not a decisive bar to discharge.

Ford v. Student Loan Guarantee Foundation of Arkansas (In Re Ford) · filed 2001-11-21(a)(8)

We also agree with the Bankruptcy Court’s determination that the Debtor’s failure to make voluntary payments against the debt or attempt to pursue her forbearance or deferment options is not determinative in this case. As the Bankruptcy Court held, this is merely one factor in many that weigh on the Court’s totality of the circumstances inquiry.

Under § 523(a)(8), a debtor’s failure to make voluntary payments or seek forbearance or deferment is one factor in the totality-of-the-circumstances undue-hardship inquiry.

Pauline v. Ford v. Student Loan · filed 2001-11-21(a)(8)

We also agree with the Bankruptcy Court’s determination that the Debtor’s failure to make voluntary payments against the debt or attempt to pursue her forbearance or deferment options is not determinative in this case. As the Bankruptcy Court held, this is merely one factor in many that weigh on the Court’s totality of the circumstances inquiry.