11 U.S.C. § 523

Section 523(a)(8) requires a bankruptcy court to independently find undue hardship before confirming a Chapter 13 plan that discharges student loan debt, even if the creditor does not object.

United Student Aid Funds, Inc. v. Espinosa · filed 2010-03-23(a)(8)

But, to comply with §523(a)(8)’s directive, the bankruptcy court must make an independent determination of undue hardship before a plan is confirmed, even if the creditor fails to object or appear in the adversary proceeding.

Section 523(a)(8) permits discharge of a student loan for undue hardship, and an income contingent repayment plan does not determine dischargeability.

Larson v. United States Ex Rel. Department of Education (In Re Larson) · filed 2010-03-26(a)(8)

Section 523(a)(8) places the discretion to determine the dischargeability of student loans with the bankruptcy judge, who “must not turn to the ICRP as a substitute for the thoughtful and considered exercise of that discretion.” Durrani, 311 B.R. 496, 509.

Section 523(a)(8) allows a court deciding undue hardship after a Chapter 7 discharge to consider the debtor’s circumstances at the time of trial.

Walker v. ECMC · filed 2010-04-09(a)(8)

When considering the contexts in which Bender and Woodcock were decided, we do not view it to be the law in this circuit that, when a Chapter 7 debtor seeks to discharge a student loan after the discharge has been entered, the bankruptcy court is limited to the circumstances existing at the time of discharge.

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

Walker v. Sallie Mae Servicing Corp. (In Re Walker) · filed 2010-04-09(a)(8)

Therefore, the Bankruptcy Court did not err in finding the student loans to be dischargeable under § 523(a)(8) as an undue hardship on Michele and her dependents.

Section 523(a)(8) requires a debtor to prove all three Brunner factors by a preponderance of the evidence to discharge a student loan for undue hardship.

Gibson v. ECMC (In Re Gibson) · filed 2010-04-30(a)(8)

Under the Brunner Test as adopted in the Sixth Circuit, in order to discharge a student loan, the debtor must establish each of the following, by a preponderance of the evidence: (1) that she cannot maintain, based on current income and expenses, a “minimum” standard of living for herself and her dependents if forced to repay the loans; (2) that additional circumstances exist indicating this state of affairs is likely to persist for a significant portion of the repayment period; and (3) that the debtor has made good faith efforts to repay the loans.

Section 523(a)(8) permits discharge of an educational loan when the debtor proves undue hardship under the three-part Brunner test.

Cekic-Torres v. Access Group, Inc. (In Re Cekic-Torres) · filed 2010-05-16(a)(8)

For all those reasons set forth in this case, the Court finds that the Debtor has sustained her burden under each of the three prongs of the Brunner test. Given this finding, the law requires that the Debtor be afforded an “undue hardship” discharge of her educational debt pursuant to 11 U.S.C. § 523(a)(8).

Section 523(a)(8)’s undue hardship test requires a debtor to show that an inability to repay student loans will persist for a significant portion of the repayment period and that the debtor made a good faith effort to repay them.

Hupp v. Educational Credit Management Corp. · filed 2010-06-07(a)(8)

The bankruptcy court properly determined that Hupp failed to establish that his current inability to repay the loans was likely to persist for a significant portion of the repayment period and that he had made a good faith effort to repay the loans.

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

Sanborn v. Educational Credit Management Corp. (In Re Sanborn) · filed 2010-06-23(a)(8)

In sum, under the totality of the circumstances, I find that the Debtor has failed to demonstrate, by a preponderance of the evidence, that excepting her student loans from discharge would impose upon her and her son an undue hardship.

A § 523(a)(8) undue hardship action is ripe when the court can decide whether the debtor can repay his student loans.

Pitts v. USA Servicing Co. (In Re Pitts) · filed 2010-07-20(a)(8)

Here there is no danger of judicial review of a hypothetical matter because Mr. Pitts’ 523(a)(8) action is ready for decision, whether repayment of his student loans would cause Mr. Pitts an undue hardship due to the injuries he sustained in a 2005 car accident is not hypothetical or subject to speculation.

Section 523(a)(8) allows student loan debt to be discharged for undue hardship even when an income based repayment plan is available.

Marshall v. Student Loan Corp. (Marshall) · filed 2010-05-27(a)(8)

The Brunner test and the § 523(a)(8) “undue hardship” language both remain intact. The existence of the IBR does not change the analysis.

Section 523(a)(8) allows student loan debt to be discharged when repayment would impose an undue hardship on the debtor.

Brown v. American Education Services, Inc. (In Re Brown) · filed 2010-07-25(a)(8)

For all the above reasons, the Court finds that repayment of Debtor’s student loan indebtedness to ECMC would impose an undue hardship on her pursuant to 11 U.S.C. § 523(a)(8) and it is therefore dis-chargeable.

Section 523(a)(8) permits discharge of student loans only if the debtor proves undue hardship.

Straub v. Sallie Mae Educational Credit Management Corp. (In Re Straub) · filed 2010-08-03(a)(8)

There is no dispute that Plaintiff cannot sustain her heavy burden of proving that she is entitled to an undue hardship exception under 11 U.S.C. § 523(a)(8).

Section 523(a)(8) requires a debtor seeking to discharge a student loan for undue hardship to show a good faith effort to repay it.

Brown v. Sallie Mae, Inc. (In Re Brown) · filed 2010-09-23(a)(8)

Even if Brown could satisfy the second element of Brunner, she has not shown a good faith effort to repay her Consolidation Loan. This conclusion is based primarily on Brown’s failure to make any payments and failure to consider any deferral programs offered by ECMC.

Section 523(a)(8) permits courts to consider a debtor's eligibility for income contingent repayment when assessing undue hardship, but eligibility does not determine whether a student loan is dischargeable.

Bronsdon v. Educational Credit Management Corp. (In Re Bronsdon) · filed 2010-09-21(a)(8)

Thus, a debtor's eligibility to participate in the ICRP may be considered by the court when applying the totality of the circumstances test, but it is not determinative.

Section 523(a)(8) does not allow an undue hardship discharge of student loans when the debtor can obtain full-time employment but is voluntarily underemployed.

Sederlund v. Educational Credit Management Corp. (In Re Sederlund) · filed 2010-11-01(a)(8)

The evidence and testimony support the Bankruptcy Court’s conclusion that the Debtor is entirely capable of obtaining full-time, gainful employment, and that she is voluntarily underemployed. Therefore, she failed to prove that she should be entitled to discharge her student loans.

Section 523(a)(8) keeps student loan debt from discharge unless the debtor proves that repayment would impose an undue hardship.

Mobley v. Sallie Mae Student Loans (In Re Mobley) · filed 2010-11-02(a)(8)

Debtor has not met her burden of proof that payment on her student loans would result in an undue hardship. Debtor’s claims of economic hardship are insufficient to meet Debtor’s burden of proof. By separate Order, the student loan debt will not be discharged.

Section 523(a)(8) does not permit even a partial discharge of student-loan debt unless the debtor shows that the inability to repay is likely to persist for a significant portion of the repayment period.

Wallace v. Educational Credit Management Corp. (In Re Wallace) · filed 2010-12-01(a)(8)

But granting Wallace even a partial discharge is not appropriate because Wallace has failed to demonstrate that his state of affairs is likely to persist for a significant portion of the repayment period of the Loan.

Section 523(a)(8) permits discharge of student loans for undue hardship only if the debtor proves every element of the Brunner test, including a good faith effort to repay.

Roberts v. U.S. Department of Education (In Re Roberts) · filed 2010-12-07(a)(8)

Consequently, as it is the Debtor’s burden to establish each and every element of the Brunner test, the Court cannot find that the “undue hardship” standard for discharging student loans under § 523(a)(8) exists in this particular case.

Section 523(a)(8) does not permit an undue hardship discharge of student loans when a debtor is capable of full-time employment but voluntarily remains underemployed.

Sederlund v. Educational Credit Mgt. Corp. · filed 2010-11-01(a)(8)

The evidence and testimony support the Bankruptcy Court’s conclusion that the Debtor is entirely capable of obtaining full-time, gainful employment, and that she is voluntarily underemployed. Therefore, she failed to prove that she should be entitled to discharge her student loans.

Section 523(a)(8) requires an undue hardship finding before government funded student loans may be discharged in Chapter 13.

In Re Kinney · filed 2010-12-27(a)(8)

Counsel, debtors, Chapter 13 trustees, and creditors are cautioned that the inclusion of student loan discharge provisions as part of a Chapter 13 plan without filing an adversary proceeding as required by 11 U.S.C. § 523(a)(8), 11 U.S.C. § 1328(a)(2), and Federal Rule of Bankruptcy Procedure 7001(6) and without consideration of whether facts exist to support a finding of undue hardship, will not be allowed by this Court.

Section 523(a)(8) requires a debtor to show undue hardship to discharge a consolidation loan, including the portion attributable to a former spouse.

Hixson v. U.S. Deparment of Education (In Re Hixson) · filed 2011-03-24(a)(8)

The Court’s consideration of the dis-chargeability of the Consolidation Loan turns on whether the loan at issue is owed by the Plaintiff, which it is, and whether the Plaintiff can repay the loan without suffering undue hardship, which he can.

Section 523(a)(8) permits discharge of a student loan when the debtor proves that repayment would impose undue hardship under all three prongs of the Brunner test.

Marcotte v. Brazos Higher Education Service Corp. (In Re Marcotte) · filed 2011-04-20(a)(8)

Mar-cotte has met this heightened standard by satisfying each prong of the Brunner test to demonstrate that he will suffer an “undue hardship” if required to repay the Loan.

Section 523(a)(8) permits discharge of covered student loans only if the debtor proves by a preponderance of the evidence that repayment would impose an undue hardship.

Bush v. United States Department of Education (In Re Bush) · filed 2011-05-31(a)(8)

Section 523(a)(8) of the Bankruptcy Code provides that an educational (student) loan made, insured or guaranteed by a governmental unit is not dischargeable in bankruptcy unless exempting the debt would be an undue hardship on the debtor and the debtor’s dependents. ... For the reasons set forth above, the Court finds that Debtor has not established by a preponderance of the evidence that excepting her student loans from discharge would impose an undue hardship. Accordingly, Debtor’s request for a discharge of her student loans is denied.

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

Nixon v. Key Education Resources (In Re Nixon) · filed 2011-07-19(a)(8)

There is no dispute that the Plaintiffs’ students loans are governed by § 523(a)(8). Thus, the loans are dis-chargeable only if the Plaintiffs can prove that their repayment would impose an undue hardship on them.

Section 523(a)(8) requires a debtor seeking to discharge student loans to prove undue hardship as of the time of trial.

Stevenson v. Educational Credit Management Corp. (In re Stevenson) · filed 2011-08-02(a)(8)

Regardless of whether this Court applies the Brunner test or the “totality of the circumstances test,” the Court concludes that Ms. Stevenson failed to satisfy her burden of establishing undue hardship as of the time of trial.

Section 523(a)(8) permits a court deciding undue hardship after a Chapter 7 discharge to consider the debtor’s financial circumstances after that discharge.

Walker v. Sallie Mae Servicing Corp. (In Re Walker) · filed 2011-08-18(a)(8)

Accordingly, we hold that it was not clear error to consider Walker’s financial condition from 2004 through 2007 in the undue hardship analysis.

Eligibility for a loan consolidation program can play a substantial role in whether a debtor can show undue hardship for discharge of student loans.

Wieckiewicz v. Education Credit Management Corp. · filed 2011-10-17(a)(8)

Wieckiewicz’s eligibility under the Ford Program would play a substantial role in whether he would be able to show undue hardship under Brunner.

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

Roundtree-Crawley v. Educational Credit Management Corp. (In Re Crawley) · filed 2011-10-24(a)(8)

Having met her burden under all three prongs of the Brunner test, the Debtor has established that repaying her student loans would impose an undue hardship. I therefore find that the Debtor’s student loans currently held by ECMC should be discharged pursuant to 11 U.S.C. § 523(a)(8).

Section 523(a)(8) requires a debtor seeking to discharge student loans for undue hardship to show circumstances indicating an inability to repay over an extended period.

Traversa v. Educational Credit Management Corporation · filed 2011-10-28(a)(8)

Given Traversa’s prior ability to work while suffering from the same medical conditions at issue here, the inconsistencies in his trial testimony, and the fact that the sole piece of documentary evidence in the trial record contained no information about his medical conditions, it was not error for the Bankruptcy Court to conclude that Traversa had not carried his burden to prove that his alleged medical conditions would render him unable “to repay [his loans] over an extended period of time.” Brunner, 831 F.2d at 396.

Section 523(a)(8) permits discharge of student loans when excepting them from discharge would impose an undue hardship, assessed under the totality of the debtor’s circumstances.

Ackley v. Sallie Mae Student Loans (In Re Ackley) · filed 2011-12-23(a)(8)

A student loan is not discharged in bankruptcy “unless excepting such debt from discharge ... would impose an undue hardship on the debtor and the debtor’s dependants.” 11 U.S.C. § 523(a)(8). ... Having weighed the debtors’ past, present and future financial resources, their reasonable necessary living expenses, and other relevant facts and circumstances, particularly the debtors’ age and current health issues, I conclude that excepting their educational loans from discharge would impose an undue hardship on them.

Section 523(a)(8) requires a debtor seeking to discharge student loans for undue hardship to satisfy all three Brunner prongs; failure to satisfy any one bars discharge.

Flickinger-Luther v. ECMC (In re Flickinger-Luther) · filed 2012-01-04(a)(8)

As all three prongs of the Brunner test must be met, and the Debtor has clearly failed the second, the Debtor’s request for a discharge of her student loan debt based on “undue hardship” must be denied.

Section 523(a)(8) permits discharge of a student loan for undue hardship only if the debtor proves all three elements of the Brunner test.

Malone v. Higher Education Student Assistance (In Re Malone) · filed 2012-01-20(a)(8)

Consequently, as it is the Debtor’s burden to establish each and every element of the Brunner test, the Court cannot find that the “undue hardship” standard for discharging student loans under § 523(a)(8) has been satisfied in this particular case.

Section 523(a)(8) requires courts assessing undue hardship to examine a debtor’s voluntary charitable contributions, which receive less deference than contractual obligations.

EDUCATIONAL CREDIT MANAGEMENT CORPORATION v. Rhodes · filed 2012-01-24(a)(8)

Without concluding that all religious or charitable contributions are per se unreasonable under § 523(a)(8), this Court grants far less deference to such voluntary contributions than to a debtor’s contract-based obligations to his creditors. Here, the Bankruptcy Court erred in failing to examine the appropriateness of Mr. Rhodes’s monthly contributions to MSIA in its prong-one analysis.

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

Ayele v. Educational Credit Management Corp. · filed 2012-02-08(a)(8)

Regardless of whether this Court applies the Brunner test or the “totality of the circumstances test,” the Court concludes that Mr. Ayele failed to satisfy his burden of establishing undue hardship as of the time of trial.

Section 523(a)(8) makes student loan debt presumptively nondischargeable unless the debtor shows undue hardship in an adversary proceeding.

Hedlund v. EDUCATIONAL RESOURCES INSTITUTE, INC. · filed 2012-03-05(a)(8)

Student loan debt obligations are presumptively nondischargeable in bankruptcy absent a showing of “undue hardship” derived through an adversary proceeding.

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

Clark v. Texas Guaranteed Student Loan Corp. (In Re Clark) · filed 2012-03-09(a)(8)

After considering both motions for summary judgment, the responses and replies made thereto, the affidavits, and for the reasons discussed in open court and below, the Court finds that there is no genuine issue of material fact and that, pursuant to Fed.R.Civ.P. 56(c) and Fed.R.Bankr.P. 7056, summary judgment is due to be entered in favor of TGSLC pursuant to 11 U.S.C. § 523(a)(8).

Section 523(a)(8) excepts student loan debt from discharge unless the debtor proves undue hardship under all three Brunner prongs.

Lepre v. Department of Education (In Re Lepre) · filed 2012-03-13(a)(8)

The Debtor has failed to satisfy his burden of proof with regard to each prong of the Brunner test. Therefore, the Debtor’s request for a discharge of his student loan debt based on “undue hardship” must be denied, and judgment will be entered in favor of defendant ECMC and against the Debtor.

Section 523(a)(8) allows charitable contributions to be considered reducible expenses in an undue hardship analysis when the debtor waives an argument that statutory donation protections apply.

Goforth v. United States of America Department of Education (In Re Goforth) · filed 2012-03-09(a)(8)

Section 523(a)(8), however, was not affected by this Act, so by a plain language reading, the Act would not apply in this case. ... Since the Debtors have waived any argument that the Act should be applied here, and in the absence of any contrary binding authority, the Court will not “read in” the Act to its analysis, making the CBN contributions fair game for possible belt-tightening.

Section 523(a)(8) requires a debtor seeking to discharge a student loan for undue hardship to show a good faith effort to repay it.

Kidd v. Student Loan Xpress, Inc. (In re Kidd) · filed 2012-04-04(a)(8)

The undisputed, material facts, considered in the light most favorable to the non-moving party, demonstrate that Plaintiff cannot satisfy the undue hardship standard because she has presented no evidence to contradict the factual record which shows that she has not made a good faith effort to repay the loan. Therefore, Plaintiffs debt is non-dischargeable pursuant to § 523(a)(8).

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

Arroyo v. United States Department of Education (In Re Arroyo) · filed 2012-04-24(a)(8)

Without an accurate picture of the Debtor’s reasonably necessary expenses and monthly payment options, I cannot conclude that excepting her Loan from discharge would constitute an undue hardship.

Section 523(a)(8) permits discharge of student loans for undue hardship even when an income contingent repayment program is available.

Todd v. Access Group, Inc. (In re Todd) · filed 2012-05-17(a)(8)

Section 523(a)(8) allows debtors to discharge their student loans upon a showing that repaying them would be an “undue hardship.” There is no indication that Congress intended to supplant this unambiguous directive with the Ford Program and its existence should not be treated as an implicit repeal of Section 523(a)(8).

Section 523(a)(8) excepts student loans from discharge unless repayment would impose an undue hardship.

In Re Smyth · filed 2012-05-15(a)(8)

Student loans are not discharged in bankruptcy absent a determination of undue hardship in an adversary proceeding.

Section 523(a)(8) permits discharge of student loans for undue hardship even when a repayment program offers affordable payments and eventual forgiveness of the balance.

Bene v. Educational Credit Management Corp. (In re Bene) · filed 2012-06-26(a)(8)

The changes in the ways that a former student may “satisfy” a student loan, without ever “repaying” it, do not supplant 11 U.S.C. § 523(a)(8) and do not supplant the Brunner interpretation of the statute.

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

Nielsen v. ECMC · filed 2012-07-09(a)(8)

A debtor seeking a determination that his educational loan debt is dischargeable under § 523(a)(8) bears the burden of proving, by a preponderance of the evidence, that repayment of those loans would impose an undue hardship.

A debtor seeking to discharge student loans must prove undue hardship under the totality of the debtor’s financial circumstances.

Nielsen v. Acs, Inc. (In re Nielsen) · filed 2012-07-09(a)(8)

The bankruptcy court did not clearly err in any of its factual findings and, in light of the incomplete record on appeal, Mr. Nielsen has failed to meet his rigorous burden of proving undue hardship under the totality of his financial circumstances.

Section 523(a)(8) requires a debtor to prove undue hardship to discharge student loan debt.

Stevenson v. Education Credit Management Corp. (In re Stevenson) · filed 2012-07-24(a)(8)

First, after careful review of the record, and for the reasons stated by the Bankruptcy Court, this court AFFIRMS the Bankruptcy Court’s determination that Appellant failed to prove an undue hardship.

Section 523(a)(8) keeps covered student loans nondischargeable unless a bankruptcy court finds that excepting them from discharge would cause undue hardship.

In re: Timothy R. Taylor · filed 2012-05-31(a)(8)

It is beyond cavil that student loan debt covered by § 523(a)(8) is nondischargeable, unless and until the debtor obtains the bankruptcy court’s determination that such debt is dischargeable based on a court finding of undue hardship.

Section 523(a)(8) excepts student loan debt from discharge unless the debtor proves by a preponderance of the evidence that nondischarge would impose undue hardship on the debtor and dependents.

Grubin v. Sallie Mae Servicing Corp. (In re Grubin) · filed 2012-08-07(a)(8)

Section 523(a)(8) of the Bankruptcy Code provides that student loan debt is not subject to discharge in bankruptcy, “unless excepting such debt from discharge ... would impose an undue hardship on the debtor and the debtor’s dependents.” 11 U.S.C. § 523(a)(8)(A) and (B). Plaintiff here bears the burden of proving, by a preponderance of the evidence, that exempting the General Student Loan Debt from discharge would impose “undue hardship.”

Section 523(a)(8) requires a debtor seeking to discharge student loans for undue hardship to satisfy every element of the Brunner test, including a good faith effort to repay.

Wolph v. U.S. Department of Education (In re Wolph) · filed 2012-09-27(a)(8)

The Plaintiff has, thus, failed to sustain her burden under the third prong of the Brunner test. Consequently, as it is the Plaintiffs burden to establish each and every element of the Brunner test, the Court cannot find that the “undue hardship” standard for discharging student loans under § 523(a)(8) exists in this particular case.

Section 523(a)(8) does not require expert testimony to establish that a debtor’s mental health issues contribute to undue hardship.

Shaffer v. Iowa Student Loan Liquidity · filed 2012-10-30(a)(8)

Finally, with respect to the third issue Iowa Student Loan raises on appeal, we have held expert testimony is not required in cases such as the one before us.

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

Kuznicki v. Educational Credit Management Corp. (In re Kuznicki) · filed 2012-11-09(a)(8)(B)

Based on the above, the Court finds that Kuznicki has failed to establish that he would be unable to maintain “minimal” standard of living if he is forced to repay his student loans.

Section 523(a)(8) permits a court to consider credible testimony about a debtor’s mental health when deciding undue hardship; expert testimony is not required.

Shaffer v. United States Department of Education (In re Shaffer) · filed 2012-10-30(a)(8)

Finally, with respect to the third issue Iowa Student Loan raises on appeal, we have held expert testimony is not required in cases such as the one before us. ... For the reasons discussed in Cline, we disagree. The bankruptcy court heard Debtor’s testimony, judged her credibility, and accepted her description of her mental health issues and their effect on her ability to maintain employment. Iowa Student Loan offered no testimony— expert or otherwise — or other evidence to the contrary. Consequently, we cannot say the bankruptcy court’s finding was clearly erroneous.

Section 523(a)(8) requires a debtor seeking to discharge student loans for undue hardship to show good faith repayment efforts; failing to use a feasible alternative repayment plan is strong evidence of bad faith.

Educational Credit Management Corp. v. Krieger · filed 2012-11-06(a)(8)

This Court agrees with Judge Mihm’s conclusion in Vargas, as well as these other courts, that a student loan debtor should take advantage of a feasible alternative repayment plan instead of seeking complete discharge of the responsibility, and that failure to do so is very strong evidence of bad faith.

Section 523(a)(8)’s good faith requirement is neither established by entering an income contingent repayment plan nor defeated by failing to enter one.

Greene v. U.S. Department of Education (In re Greene) · filed 2012-12-06(a)(8)

Thus, just as failure to enter the Income Contingent Plan is not preclusive of a finding of good faith, neither does entry into this or a similar program, without more, mandate a finding of good faith on the part of a debtor.

Section 523(a)(8) presumes student loans nondischargeable unless the debtor proves undue hardship under all three Brunner factors.

Educational Credit Management Corp. v. Beattie · filed 2012-12-17(a)(8)

Student loans are presumptively nondischargeable in bankruptcy. 11 U.S.C. § 523(a)(8). That presumption may be overcome by a showing of “undue hardship” on the debtor. ... Based on this Court’s conclusion that Plaintiff did not succeed in carrying her burden of proof on Prongs 1 and 2, a ruling that her loan from Defendant is not dischargeable in bankruptcy is compelled.

A debtor cannot obtain judgment on § 523(a)(8) undue hardship without showing the first factor of the governing test.

Abbatiello v. National Collegiate Trust (In re Abbatiello) · filed 2013-01-02(a)(8)

Because Plaintiff fails to meet her burden on the first factor of the test, it is not necessary to analyze the remaining factors. Thus, material facts remain and she is not entitled to judgment as a matter of law at this time.

Section 523(a)(8) makes student loan debt nondischargeable unless repayment would impose an undue hardship on the debtor.

Lilly v. Illinois Student Assistance Commission (In re Lilly) · filed 2013-01-31(a)(8)

Thus, his educational debt to Sallie Mae does not impose an undue hardship on him under 11 U.S.C. § 523(a)(8). The court therefore holds that Mr. Lilly’s educational debt to Sallie Mae is nondischargeable in bankruptcy.

Section 523(a)(8) bars discharge of student loans unless the debtor proves undue hardship.

Ayele v. Educational Credit Management Corp. · filed 2013-03-08(a)(8)

The Court finds, therefore, that under neither the totality of circumstances test nor the Brunner test has Ayele met his burden to show undue hardship. As a result, the judgment of the Bankruptcy Court will be affirmed.

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

Conway v. National Collegiate Trust (In re Conway) · filed 2013-04-04(a)(8)

Debtor has failed to show by a preponderance of the evidence that repayment of the Loans which total $118,579.66 owed to NCT would result in an undue hardship.

Section 523(a)(8) permits discharge of student loans for undue hardship without requiring the debtor to agree to a repayment plan.

Krieger v. Educational Credit Management · filed 2013-04-10(a)(8)

To the extent that the district judge thought that debtors always must agree to a payment plan and forgo a discharge, that is a proposition of law—an incorrect proposition, for the reasons we have given.

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

Mathieu v. Educational Credit Management Corp. (In re Mathieu) · filed 2013-04-15(a)(8)

Plaintiff Cynthia R. Mathieu seeks a hardship discharge under 11 U.S.C. § 523(a)(8) of her student loan in the amount of $140,640.55, held by defendant Educational Credit Management Corporation. In light of the unique facts and circumstances of her case, the Court finds that nondischarge of the obligation would result in an undue hardship on the plaintiff and upon her son, and orders the loan discharged accordingly.

Section 523(a)(8) permits a court to consider eligibility for the Income Contingent Repayment Program as one factor in deciding whether student loan debt causes undue hardship.

Nielsen v. ACS, Inc. (In Re Nielsen) · filed 2013-04-25(a)(8)

We further conclude that the bankruptcy court did not err in considering Nielsen’s eligibility for the Income Contingent Repayment Program as one factor in its analysis.

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

Jones v. Education Credit Management Corp., ACS Education Services, Inc. (In re Jones) · filed 2013-05-03(a)(8)

For the reasons set forth above, I conclude that the Debtor has established that her student loans are dischargeable under 11 U.S.C. § 523(a)(8).

Section 523(a)(8) does not require a debtor to enroll in an income-based repayment plan when no payments are forecast.

Roth v. Educational Credit Management Corp. (In Re Roth) · filed 2013-04-16(a)(8)

However, when absolutely no payment is forecast, the law should not impose negative consequences for failing to sign up for the program.

Section 523(a)(8) permits discharge of a student loan for undue hardship, and a debtor seeking discharge must plead facts showing that repayment would impose hardship.

Mott v. Sallie Mae Services (In re Mott) · filed 2013-05-22(a)(8)

Sallie Mae is correct in stating that the test is whether requiring the debtor to pay the loan constitutes an “undue hardship.” ... There is no allegation that repayment of the loan would impose a burden on the Debtor and his family. Accordingly, to the extent that what is sought here is a determination that the student loan is dischargeable, the claim is legally insufficient on its face and must be dismissed, albeit without prejudice.

Section 523(a)(8) bars discharge of student loans when the debtor fails to prove any one of the three Brunner undue-hardship requirements.

Lepre v. United States Department of Education (In re Lepre) · filed 2013-07-03(a)(8)

While the Bankruptcy Court’s determination that Lepre also did not satisfy the second and third prongs of the Brunner test appears well reasoned and correct, Lepre’s failure to satisfy the first prong alone establishes that he is not entitled to a discharge of his educational debt pursuant to 11 U.S.C. § 523(a)(8).

Section 523(a)(8) presumes student loan debt nondischargeable unless the debtor proves that repayment would impose an undue hardship.

In re: Eric D. Nichols and Bonita M. Nichols · filed 2013-07-09(a)(8)

Under § 523(a)(8), student loan debt is to be presumed nondischargeable unless the debtor establishes that repayment would impose an undue hardship. ... The bankruptcy court properly concluded the Nichols did not provide sufficient evidence to satisfy their burden of proof on the third prong.

Under § 523(a)(8), a bankruptcy court’s finding that a debtor made good faith efforts to repay student loans is reviewed for clear error.

Hedlund v. the Educational Resources Inst · filed 2013-05-22(a)(8)

In a § 523(a)(8) proceeding, the good faith finding should be reviewed for clear error.

Section 523(a)(8) permits a partial discharge of student loan debt when leaving that portion due would impose an undue hardship on the debtor.

Erbschloe v. U.S. Department of Education (In re Erbschloe) · filed 2013-06-13(a)(8)

As such, the Court finds that section 523(a)(8) allows a Court to discharge some portion of the Debtor’s student loans if the failure to do so would cause the Debtor an undue hardship.

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

Myhre v. U.S. Department of Education (In re Myhre) · filed 2013-07-25(a)(8)

Unsurprisingly, repayment of this loan would impose an undue hardship on Mr. Myhre, and under § 523(a)(8) of the Bankruptcy Code, the debt is therefore dischargeable.

Section 523(a)(8) permits discharge of student loan debt only if the debtor shows undue hardship.

Gesualdi v. Educational Credit Management Corp. (In re Gesualdi) · filed 2013-08-06(a)(8)

Thus, under § 523(a)(8), the Court may discharge student loan debt only upon a showing of undue hardship by the debtor.

Section 523(a)(8) requires a debtor seeking to discharge student loans for undue hardship to satisfy all three Brunner factors; good-faith repayment alone is insufficient.

Kelly v. Michigan Finance Authority-Student Loan Programs (In re Kelly) · filed 2013-08-07(a)(8)

Therefore, even though the Plaintiffs have made a good faith effort to repay their debts, they failed to prove that they will not be able to maintain a minimal standard of living if forced to repay their student loans or that their present financial situation will persist indefinitely. Because all three prongs of the Brunner Test must be satisfied in order to consider a discharge of the Plaintiffs’ student loans, the Court denies the Plaintiffs’ request for relief. Plaintiffs’ student loans are not dischargeable.

Section 523(a)(8) requires a separate undue hardship analysis for each student loan when a debtor has multiple loans; some loans may be discharged while others remain payable.

Conway v. National Collegiate Trust · filed 2013-08-21(a)(8)

In other words, a bankruptcy court can find that some loans are discharged while repayment of one or more others does not constitute an undue hardship.

Section 523(a)(8) permits discharge of a student loan for undue hardship, and the unavailability of an income contingent repayment option can be decisive.

Smith v. United States Department of Education (In re Smith) · filed 2013-10-01(a)(8)

I agree with these judges that, in a case that presents facts such as those presented here, the unavailability of an ICRP-type option can be the decisive factor in establishing undue hardship.

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

Wolfe v. U.S. Department of Education (In re Wolfe) · filed 2013-10-04(a)(8)

Therefore, the debtor has met his burden to prove that excepting the student loans guaranteed by DOE will be an “undue hardship” on him.

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

Ablavsky v. United States Department of Education (In re Ablavsky) · filed 2014-01-23(a)(8)

Applying these principles to the facts of the present case, the Court finds that the Debtor has sustained his burden of showing that repayment of both loans owed to the defendants would impose an undue hardship on him.

Section 523(a)(8) permits discharge of student loan debt for undue hardship, but prolonged unemployment alone does not establish undue hardship when the debtor has viable future earning prospects.

Murphy v. Educational Credit Management Corp. · filed 2014-05-21(a)(8)

It is clear Murphy is in financial straits, but I agree with the bankruptcy court that his prolonged unemployment does not support a discharge.

Section 523(a)(8) calls for a separate undue hardship discharge analysis of each student loan debt.

Conway v. National Collegiate Trust (In Re Conway) · filed 2014-06-09(a)(8)

Reviewing the Bankruptcy Court’s finding of facts for clear error and its conclusion of law de novo, the BAP determined that excepting from discharge all of Conway’s obligations to NTC would impose an “undue hardship” under 11 U.S.C. § 523(a)(8). But the BAP remanded for a separate “undue hardship” discharge analysis of each of Conway’s fifteen individual debts to NCT. ... We affirm for the reasons stated by the BAP.

Section 523(a)(8) does not permit discharge of student loans for undue hardship when the debtor can make payments during most of the repayment period without impoverishment.

Warner v. Bank of America (In re Warner) · filed 2014-07-31(a)(8)

The court finds that although the Plaintiff will have to live “frugally” for the foreseeable future and will probably never own a house or a decent car, he will be in a position, throughout the majority of the repayment period, to make payments on his debt to NOT and the Bank without impoverishment. For policy reasons sufficient to move Congress to except student loans from discharge except upon a showing of “undue hardship” as our Circuit has interpreted that term, Dr. Warner and his lenders will have to live, uneasily it seems, with the consequences of the bargains they improvidently struck at the beginning of their relationship.

Section 523(a)(8) makes student loans nondischargeable unless the debtor proves undue hardship, including circumstances likely to persist and good faith efforts to repay.

In re: Colleen Renee Trudel v. · filed 2014-08-08(a)(8)

Section 523(a)(8) of the Bankruptcy Code makes such student loan debt nondischargeable in bankruptcy, unless excepting the debt from discharge “would impose an undue hardship on the debtor and the debtor’s dependents[.]” 11 U.S.C. § 523(a)(8). ... Given the Debtor’s failure to make voluntary payments, enroll in the ICRP, or satisfy the additional circumstances prong of the Brunner test, the Panel will affirm the Bankruptcy Court’s conclusion that the Debtor failed to prove that she made a good faith effort to repay her student loans.

Section 523(a)(8) permits a debtor who made no voluntary student loan payments or declined a repayment program to establish good faith by giving a probative explanation.

Trudel v. United States Department of Education (In re Trudel) · filed 2014-08-08(a)(8)

Debtors who fail to make voluntary payments or enroll in a repayment program can still prove good faith. To do so, however, they need a probative explanation for their behavior.

Section 523(a)(8) kept the debtor’s student loans nondischargeable because she did not prove undue hardship.

Carter v. Mae (In re Carter) · filed 2014-09-30(a)(8)

Thus, the Debtor has failed to demonstrate that repayment of her student loans constitutes an undue hardship, and the Court holds that those loans are not dischargeable under § 523(a)(8).

Section 523(a)(8) requires a debtor to prove undue hardship for each student loan she seeks to discharge.

Nielsen v. ACS, Inc. · filed 2014-10-27(a)(8)

It was the Debtor’s burden to prove undue hardship for one, all, or some of her loans, and she failed to do so.

Section 523(a)(8) permits discharge of student loans for undue hardship, and declining a repayment plan does not defeat good faith when participation would be futile.

Lamento v. U.S. Dept. of Education (In re Lamento) · filed 2014-10-29(a)(8)

The court finds Alethea’s reasons for declining to enter into the agreements to be credible, convincing, and offered in good faith: she cannot pay anything now and she cannot pay anything in the foreseeable future, meaning that her participation in the programs would be futile.

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

Sexton v. PHEAA (In re Sexton) · filed 2014-11-24(a)(8)

Under 11 U.S.C. § 523(a)(8), student loan debt is nondischargeable in bankruptcy unless “excepting such debt from discharge ... would impose an undue hardship on the debtor and the debtor’s dependents.”

Section 523(a)(8) left this student loan nondischargeable because the court found no undue hardship.

Tetzlaff v. Educational Credit Management Corp. · filed 2014-12-03(a)(8)

Here, I cannot upset the bankruptcy judge’s finding of no undue hardship, which was reasonable given the evidence presented at trial concerning Tetzlaffs efforts to find employment.

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

College Assist, & MRU Student Loan Trust, 2007-A v. Gubrath (In re Gubrath) · filed 2014-12-10(a)(8)

Moreover, considering de novo whether these findings were sufficient to constitute “undue hardship” for purposes of Section 523(a)(8), the Court concludes that the Bankruptcy Court correctly discharged the GuBrath’s student loans.

Section 523(a)(8) makes student loans nondischargeable unless the debtor proves undue hardship, including a good faith effort to repay.

Davis v. National Collegiate Trust (In re Davis) · filed 2015-01-14(a)(8)

As such, the Debtor is unable to meet her burden of establishing good faith pursuant to the third prong of the undue hardship test. As a result, the Debtor’s student loans are nondischargeable pursuant to Section 523(a)(8).

Section 523(a)(8) requires a debtor seeking to discharge student loans to prove all three prongs of the undue hardship test.

Conner v. U.S. Department of Education & Educational Credit Management Corp. (In re Conner) · filed 2015-01-14(a)(8)

To obtain á discharge of a student loan under 11 U.S.C. § 523(a)(8), Plaintiff has the burden of proving all three prongs of the test set forth in Brunner v. New York State Higher Education Services Corp., 831 F.2d 395 (2d Cir.1987). Based on the exhibits admitted into evidence and testimony at trial, Plaintiff has failed to satisfy any elements of the test.

Section 523(a)(8)’s good faith repayment inquiry considers the time between obtaining a degree and seeking bankruptcy relief.

Owens v. U.S. Department of Education (In re Owens) · filed 2015-01-22(a)(8)

The amount of time that has lapsed between the debtor obtaining a degree and filing for bankruptcy relief is a factor that is important to the good faith inquiry.

A debtor can show good faith repayment efforts under § 523(a)(8) despite not pursuing a repayment program when she believed in good faith that she was ineligible and could not afford its payments.

Kelly v. Educational Credit Management · filed 2015-02-27(a)(8)

Moreover, though Kelly did not pursue loan repayment options, the bankruptcy court did not clearly err in its conclusion that Kelly had a good-faith belief that she was ineligible for the program, and that applying for the program would have been futile since she could not afford the payments after consolidation.

Section 523(a)(8) allows a debtor to seek an undue hardship discharge of student loans without first applying for an administrative disability discharge.

Dorsey v. U.S. Department of Education · filed 2015-02-26(a)(8)

This demonstrates the continued viability of undue hardship discharge under § 523(a)(8), even when alternative administrative options may be pursued to potentially discharge student loan debt, such as a disability discharge under the FFELP or an alternative payment plan like the ICRP.

Section 523(a)(8) permits discharge of a student loan when repayment would impose undue hardship, even if an income contingent repayment plan is available.

Acosta-Conniff v. ECMC (In re Acosta-Conniff) · filed 2015-03-25(a)(8)

The availability of an income contingent repayment plan does not preclude the possibility of a discharge where, as here; the undue hardship requirement is met.

A zero payment income based plan does not, by itself, defeat a debtor’s claim that repaying student loans would impose an undue hardship under § 523(a)(8)(A)(i).

Nightingale v. North Carolina State Education Assistance Authority (In re Nightingale) · filed 2015-04-20(a)(8)(A)(i)

Participation in such a “repayment” program in which the Plaintiffs monthly payment is zero is not repayment at all; rather, the loan continues to accrue interest on the principal without any repayment.

Section 523(a)(8) requires a finding of undue hardship before a court can relieve a debtor of student loan debt, including through equitable estoppel.

Educational Credit Management Corp. v. Pulley · filed 2015-04-30(a)(8)

The Bánkruptcy Court’s Judgment Order, in effect, was the functional equivalent of a discharge, and there is no statutory basis by which the Bankruptcy Court, or any court for that matter, can equitably estop a creditor from reaching non-dischargea-ble student loans.

Section 523(a)(8) requires a debtor seeking to discharge a student loan to prove undue hardship, including an inability to maintain a minimal standard of living while repaying it.

Shells v. United States Department of Education (In re Shells) · filed 2015-05-07(a)(8)

There is no genuine issue of material fact that the plaintiff can maintain— based on current income and expenses — a “minimal” standard of living for herself and her dependents if she is obligated to repay her student loan.

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

Hubbard v. United States Department of Education (In re Hubbard) · filed 2015-04-16(a)(8)

The court concludes that it does not need to undertake analysis of all three of the Brunner factors because there is no genuine issue of material fact regarding the Plaintiffs inability to demonstrate a level of “hopelessness” necessary to meet the second prong of the Brunner test.

Section 523(a)(8) requires a debtor seeking to discharge student loans for undue hardship to show good faith efforts to repay them; failure to pay when able and refusal to consider viable repayment options can show a lack of good faith.

Stitt v. United States Department of Education · filed 2015-06-09(a)(8)

Even considering the difficult circumstances that she faced prior to filing for bankruptcy, the Court similarly concludes that such facts — considered in context of her lack of consideration of consolidation and income sensitive repayment options — indicate overall that Stitt failed to make a good faith effort to repay her student loan obligation when she had the means to do so.

Section 523(a)(8) excepts educational loans from discharge unless the debtor establishes undue hardship.

Murphy v. U.S. Department of Education (In re Murphy) · filed 2015-08-13(a)(8)

Therefore, Plaintiff failed to establish undue hardship under 11 U.S.C. § 523(a)(8), and the debt resulting from the educational loans is not dis-chargeable.

Section 523(a)(8) does not require a court assessing good faith to consider payments on student loans outside the discharge action.

Tetzlaff v. Educational Credit Management · filed 2015-07-22(a)(8)

The bankruptcy court was not required to con- sider Tetzlaff’s payments to Florida Coastal as evidence of a good faith effort to repay Educational Credit, as his Florida Coastal debt was not included in the discharge action.

Section 523(a)(8)’s undue hardship test does not require a debtor to maximize income to satisfy its first prong, but the debtor must satisfy all three prongs to discharge a student loan.

In re: Nicole Ng-A-Qui · filed 2015-10-09(a)(8)

The first prong does not require that she must maximize her income.

Section 523(a)(8) permits discharge of student loans for undue hardship even when the debtor is eligible for income-based repayment.

Abney v. United States Department of Education (In re Abney) · filed 2015-11-10(a)(8)

Holding that eligibility for a program such as IBRP ipso facto leads to denial of an undue hardship discharge would deprive the Court of the discretion granted by § 523(a)(8).

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

Ebelsheiser v. College Assist (In re Ebelsheiser) · filed 2015-12-09(a)(8)

Student loans are only subject to discharge in bankruptcy under specific circumstances which show that repayment would constitute an “undue hardship on the debtor [or] the debtor’s dependents.” 11 U.S.C. § 523(a)(8).

Section 523(a)(8) keeps student loans from discharge unless the debtor proves that repayment would impose undue hardship under the totality of the circumstances.

Johnson v. Department of Education (In re Johnson) · filed 2015-12-18(a)(8)

Applying the totality of the circumstances standard, the Court concludes that the Debtors did not meet their burden of proving that repayment of their Student Loans would be an undue hardship such that they could not maintain a minimal standard of living.

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

Ortiz v. US Department of Education (In re Ortiz) · filed 2016-01-29(a)(8)

Overall, Debtor has not met her burden of proof that payment on her student loans will result in an undue hardship.

Section 523(a)(8) requires corroborating evidence when a debtor relies on a medical condition to show that student loan repayment would cause undue hardship.

Nightingale v. North Carolina State Education Assistance Authority (In re Nightingale) · filed 2016-01-06(a)(8)

Therefore, a debtor must provide corroborative evidence to support a claim that the medical condition at issue precludes the debtor from finding or keeping employment now and in the future.

Section 523(a)(8) requires a debtor to satisfy all three Brunner factors to discharge student loans for undue hardship.

Kelly v. U.S. Department of Education (In re Kelly) · filed 2016-03-24(a)(8)

The Plaintiffs failure to satisfy the second part of the Brunner test renders the Student Loans nondischargeable, and the court need not decide whether the Plaintiff satisfies the third Brunner prong.

Section 523(a)(8) does not automatically bar a student loan discharge when a debtor has not pursued an income contingent repayment plan but has made other good faith repayment efforts.

Barrett v. United States Deparment of Education Direct Loan Servicing Center (In re Barrett) · filed 2016-02-10(a)(8)

Given Barrett’s other good faith efforts, his failure to pursue an income contingent repayment plan is not damning. An income contingent payment plan is not the functional equivalent of a Chapter 7 discharge, particularly given the possibility that a debtor may face a substantial tax liability when the student debt is forgiven.

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

Nightingale v. North Carolina State Education Assistance Authority (In re Nightingale) · filed 2016-04-14(a)(8)

The Plaintiff has shown, by a preponderance of the evidence, that she meets all three prongs of the Brunner test and requiring her to repay the student loans owed to the Defendant would be an undue hardship.

Section 523(a)(8) permits discharge of student loans for undue hardship only if the debtor proves, among other things, that the inability to repay is likely to persist for a significant portion of the repayment period.

ECMC v. Acosta-Conniff · filed 2016-05-02(a)(8)

Accordingly, the bankruptcy court erred in concluding that Conniff met her burden of establishing the second Brunner element; therefore, its ultimate conclusion that Conniffs student loan debt was dischargeable under § 523(a)(8) must be reversed.

Section 523(a)(8) requires a debtor to prove all three Brunner elements to discharge student loan debt for undue hardship.

Johnson v. Sallie Mae Inc. (In re Johnson) · filed 2016-06-08(a)(8)

A debtor’s failure to carry her burden on any one of the three Brunner prongs precludes her from discharging her student loan debt under 11 U.S.C. § 523(a)(8). Johnson has failed to carry her burden on two of them. Therefore, the Court concludes Johnson’s student loan debt is non-dischargeable and will enter JUDGMENT FOR THE DEFENDANT.

Section 523(a)(8) permits discharge of student loans when excepting them from discharge would impose undue hardship; eligibility for an income-based repayment plan is one factor in that assessment.

Fern v. Fedloan Servicing (In re Fern) · filed 2016-06-22(a)(8)

The Court finds that Debtor has shown by a preponderance of the evidence that excepting her student loans from discharge would impose an undue hardship on her and her children. Debtor’s financial situation is not likely to improve, her expenses are minimal, and the availability of income-based repayment programs does not outweigh the burdens that those programs would impose, especially considering that Debtor would probably not make substantial payments. The totality of the circumstances shows that Debtor is entitled to a discharge of her student loans under 11 U.S.C. § 523(a)(8).

Section 523(a)(8) permits discharge of a student loan for undue hardship only if the debtor proves an inability to make payments while maintaining a minimal standard of living.

Hurst v. Southern Arkansas University · filed 2016-07-19(a)(8)

The Debtor has, therefore, failed to prove that she lacks the present ability to make payments on her student loans. Perhaps the Debtor could have proven that she has current expenses in excess of her income, but she did not do so. Therefore, her action seeking discharge of her student loan as an undue hardship must fail.

Section 523(a)(8) excepts student loans from discharge unless repayment would impose undue hardship on the debtor and the debtor’s dependents.

Martin v. U.S. Department of Education (In re Young) · filed 2016-08-03(a)(8)

Based upon the totality of the circumstances and for the reasons stated above, the Court finds that while the payment of the debtors’ student loan obligations might be a hardship, it does not impose an undue hardship upon the debtors .or their dependents. Therefore, the Court finds that the debtors’ student loans are nondischargeable.

Section 523(a)(8) requires courts in the Eighth Circuit to assess undue hardship from student loan repayment under the totality of the circumstances.

Wallace v. Nelnet, Inc. (In re Wallace) · filed 2016-09-15(a)(8)

In the Eighth Circuit, to determine whether a debtor’s repayment of a student loan will result in an undue hardship, the court applies the totality of the circumstances test.

A debtor’s unexplained failure to pursue available repayment or administrative discharge options can defeat the good faith showing required to discharge student loans for undue hardship.

Miraglia v. U.S. Department of Education (In re Miraglia) · filed 2016-10-06(a)(8)

The Plaintiff has also admitted that she made no effort to enter an income contingent repayment plan or income based repayment plan. Coupled with the absence of explanation from the Plaintiff on this issue, these un-disputed facts show an absence of any issue of material fact for trial on the good faith issue. Therefore, the Defendant is entitled to summary judgment.

Section 523(a)(8) permits discharge of educational loans when repayment would impose an undue hardship on the debtor and her dependents.

Edwards v. Navient Solutions, Inc. (In re Edwards) · filed 2016-11-22(a)(8)

Because the Court finds that Debtor has carried her burden to show repayment of the loans would create an undue hardship on her and her family, as required by § 523(a)(8), the Court grants judgment to Debtor, discharging the non-Stafford portion of the loans she owes Navient.

Section 523(a)(8) permits discharge of the portion of a student loan debt that would impose undue hardship while leaving the remainder nondischargeable.

Murray v. ECMC (In re Murray) · filed 2016-12-08(a)(8)

For the foregoing reasons, the Court finds that the accrued interest on Debtors’ student loans is dischargeable. Requiring payment of that portion of the loan debt would impose an undue hardship on Debtors.

Section 523(a)(8) permits discharge of student loans for undue hardship, and a repayment plan requiring zero monthly payments does not automatically establish an ability to pay.

Fern v. FedLoan Servicing · filed 2017-02-07(a)(8)

We do not interpret Jesperson to stand for the proposition that a monthly payment obligation in the amount of zero automatically constitutes an ability to pay. ... For the reasons stated there is no error in the Bankruptcy Court’s determination that Fern’s student loans are dischargeable based upon undue hardship.

Under § 523(a)(8), the second prong of the undue hardship test examines the debtor’s future ability to repay; blame for accumulating student debt has no role in that prong.

ECMC v. Acosta-Conniff (In re Acosta-Conniff) · filed 2017-04-19(a)(8)

As noted, the second prong is a forward-looking test that focuses on whether a debtor has shown her inability to repay the loan during a significant portion of the repayment period. It does not look backward to assess blame for the student debt- or’s financial circumstances. Thus, even if the court concludes that a debtor has acted recklessly or foolishly in accumulating her student debt, that does not play into an analysis under the second prong.

When a debtor declines an extended student loan repayment plan in good faith, the remaining contractual loan term is the repayment period used to assess undue hardship under the second Brunner prong.

Price v. DeVos (In re Price) · filed 2017-06-23(a)(8)

Therefore, I hold that notwithstanding a debtor’s potential eligibility for an extended term student loan repayment program, if a debtor chose not to enter such a program in good faith, the repayment period under the second Brunner prong is the remaining contractual term of the debtor’s loan.

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

Johnson v. Sallie Mae, Inc. (In re Johnson) · filed 2017-12-04(a)(8)

For the reasons set forth above, the Court finds that the student loan debt owed by Debtors to ECMC should be excepted from Debtors’ discharge pursuant to § 523(a)(8).

Section 523(a)(8)’s undue hardship inquiry weighs self-imposed employment restrictions against discharge of student loans.

Piccinino v. U.S. Dept. of Education · filed 2017-12-07(a)(8)

Piccinino’s employment decisions and her perception of future employment prospects reflect elements of self-imposed conditions which weigh against dischargeability.

An annual tax refund may be averaged into monthly financial resources when assessing undue hardship if the debtor’s income varies throughout the year.

Piccinino v. U.S. Department of Education (In re Piccinino) · filed 2017-12-07(a)(8)

Due to the variances in Piccinino’s income throughout the year it is appropriate for this amount to be averaged and included as part of her available monthly financial resources.

Section 523(a)(8) permits discharge of student loan debt when the debtor's financial resources, necessary living expenses, and other circumstances establish undue hardship.

Martin v. Great Lakes Higher Educ. Grp. (In re Martin) · filed 2018-02-16(a)(8)

After considering Debtor's past, present, and reasonably reliable future financial resources; Debtor's reasonable and necessary living expenses; and other relevant facts and circumstances, the Court finds that Debtor is entitled to discharge of all of her outstanding student loan debt under 11 U.S.C. § 523(a)(8).

Section 523(a)(8) requires courts assessing undue hardship to consider whether an income contingent repayment plan would let the debtor make payments while maintaining a minimal standard of living.

ECMC v. Acosta-Conniff · filed 2018-01-05(a)(8)

Notwithstanding the approach taken by one bankruptcy court in this circuit, this court finds that ICRP eligibility and monthly ICRP payments should be considered under the first Brunner prong.

Section 523(a)(8) excepts student loans from discharge unless repayment would impose an undue hardship on the debtor and the debtor's dependents.

Augustin v. U.S. Dep't of Educ. (In re Augustin) · filed 2018-06-06(a)(8)

For the reasons set forth in this memorandum, the court grants summary judgment to the DOE, concluding that excepting Mr. Augustin's student loan debt from discharge would not impose an undue hardship on him and his dependents as required by § 523(a)(8).

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

Hopson v. Ill. Student Assistance Comm'n (In re Hopson) · filed 2018-06-22(a)(8)

11 U.S.C. § 523(a)(8) provides that a discharge under section 727 does not discharge an individual debtor from student loan debt unless excepting such debt from discharge would impose an undue hardship on the debtor and the debtor's dependents. ... Ms. Hopson has not met the first Brunner prong by a preponderance of the evidence that repayment of her student loans would cause her to not have a minimal standard of living.

Section 523(a)(8) does not permit an undue hardship discharge when a debtor can liquidate enough home equity to pay the student loans in full while maintaining a minimal standard of living.

Schatz v. U.S. Dep't of Educ., Acs Loan Servicing, Inc. (In re Schatz) · filed 2018-05-02(a)(8)

Here, because the Court finds that the equity in the Property is sufficient to pay the student loans owed to the Defendants in full, and because the Court finds that the liquidation of that equity will not result in the Debtor being unable to maintain a minimal standard of living through the foreseeable future, the Court does not find that excepting the loans from discharge will result in an undue hardship for the Debtor or the Debtor's dependents within the meaning of § 523(a)(8).

Section 523(a)(8) requires a debtor seeking to discharge student loans for undue hardship to plead facts supporting each element of the Brunner test.

In re Chenault · filed 2018-07-05(a)(8)

Thus, in reviewing whether a complaint states a cause of action under § 523(a)(8), it is appropriate and necessary for a bankruptcy court to determine whether a debtor has stated sufficient facts to establish each element of the Brunner test and in this case, the Panel concludes that the Debtor has not.

Section 523(a)(8) keeps a student loan nondischargeable when the debtor fails to prove undue hardship under the Brunner test.

Bukovics v. Navient (In re Bukovics) · filed 2018-07-26(a)(8)

As articulated above, Plaintiff has failed to satisfy her burden under the first two prongs of the Brunner test, and her student loan debt must thus be deemed non-dischargeable pursuant to 11 U.S.C. § 523(a)(8).

Section 523(a)(8) permits discharge of student loans for undue hardship if the debtor cannot maintain a minimal standard of living while repaying, that condition is likely to persist, and the debtor made a good faith effort to repay.

Love v. U.S. Dep't of Educ. & Navient Solutions, Inc. (In re Love) · filed 2018-08-10(a)(8)

Evaluating undue hardship claims is an inherently factual exercise for courts because of the oft-cited Brunner test, which requires courts to determine if (1) the debtor cannot maintain a minimal standard of living if required to repay the loans; (2) this state of affairs is likely to continue for most of the repayment period; and (3) the debtor has made a good faith effort to repay the loans.

Section 523(a)(8) permits courts to consider available income-based repayment programs when deciding whether student loan debt imposes an undue hardship.

Kemp v. U.S. Department of Education · filed 2018-08-24(a)(8)

The bankruptcy court properly considered the payment programs as part of the review of “other relevant facts and circumstances” as required by the totality-of-the-circumstances test.

Section 523(a)(8) does not permit discharge of student loan debt when the debtor fails to prove the first prong of the Brunner undue hardship test.

Regan v. U.S. Dep't of Educ. (In re Regan) · filed 2018-09-06(a)(8)

Because Ms. Regan has failed to satisfy the first prong of the Brunner test, she has not demonstrated that excepting her student loan debt from discharge would impose an undue hardship. The Court will, therefore, enter judgment against Ms. Regan and in favor of the USDOE determining that the student loan debt at issue in this adversary proceeding is non-dischargeable.

A $0 income-based repayment amount does not by itself prevent a debtor from satisfying the minimal-standard-of-living prong of § 523(a)(8)'s undue-hardship test.

Reagan v. Educ. Credit Mgmt. Corp. (In re Reagan) · filed 2018-07-27(a)(8)

The issue is not necessarily whether Reagan's payments of $0 have placed her below a minimal standard of living, but whether she can make her student loan payments and still maintain a minimal standard of living. Under these circumstances, Reagan is not required to show that her payments to ECMC are the reason why her living standard is less than minimal.

Section 523(a)(8) bars discharge of a student loan when the debtor fails to prove undue hardship.

Lozada v. Educ. Credit Mgmt. Corp. (In re Lozada) · filed 2018-11-16(a)(8)

Therefore, the Plaintiff's request for a discharge of the loan to Educational Credit Management Corporation must be denied under § 523(a)(8).

Section 523(a)(8) permits discharge of the portion of a student loan that would impose undue hardship while leaving a repayable portion excepted from discharge.

In re Metz · filed 2018-09-25(a)(8)

Requiring Ms. Metz to pay the accrued interest would result in undue hardship to her now and in the future. Rather than be yoked to a pay-as-she-earns time bomb, Ms. Metz should instead be required to pay the principal balance of the loan, $16,613.73. Doing that would not impose an undue hardship on her within the meaning of § 523(a)(8). Therefore, that amount is excepted from her discharge in this case and the rest of her student loan debt is discharged.

Section 523(a)(8) leaves unpaid educational loan balances enforceable after a Chapter 13 plan when no exception to nondischargeability applies.

Olson v. Aspire Res. Inc. (In re Olson) · filed 2018-10-26(a)(8)

Since the undisputed facts provide no exception to § 523(a)(8), ECMC's debts remain outstanding and enforceable against Debtors following completion of the Chapter 13 plan.

Section 523(a)(8) excepts student loans from discharge unless the debtor establishes undue hardship, including an inability to maintain a minimal standard of living while repaying them.

Halatek v. William D. Ford Fed. Direct Loan (Direct Loan) Program (In re Halatek) · filed 2018-09-28(a)(8)

Each of Loans 1-12 given by the Defendant to the Plaintiff qualifies as a type of student loan that is not discharged unless the Plaintiff can establish that their nondischargeability creates an "undue hardship." ... The Plaintiff's gross income for 2018 will be approximately five times this amount, thus the Plaintiff has an incapable burden of establishing that she cannot maintain a minimal standard of living while paying the Defendant the estimated monthly payment of $362.00 available to her under the REPAYE program.

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

Kinney v. Nat'l Collegiate Master Student Loan Trust I (In re Kinney) · filed 2018-12-05(a)(8)

Having found that Debtor has no capacity to make loan payments, the Court finds that requiring Debtor to repay either of the two loans at issue in this case would result in an undue hardship. As such, the Court finds that Debtor's obligation on both loans held by Defendant are dischargeable.

Section 523(a)(8) allows a court to consider eligibility for an income-driven repayment plan when assessing undue hardship, but eligibility does not determine the outcome.

Rissala v. New Hampshire Higher Education Assistance Foundati · filed 2019-01-11(a)(8)

The Court notes that a debtor’s eligibility to participate in an income-driven repayment plan may be considered by bankruptcy courts when applying the totality of the circumstances test; however, such eligibility is not determinative and does not mandate a particular outcome in the undue hardship analysis.

Section 523(a)(8) excepts student loans from discharge unless repayment would impose undue hardship on the debtor and the debtor’s dependents.

Morris v. Massachusetts Educational Financing Authority · filed 2019-03-27(a)(8)

After weighing all of the evidence, the Court finds that the Debtor has not satisfied his burden of establishing that paying his student loans would constitute an undue hardship within the meaning of § 523(a)(8).

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

Tuttle v. Educ. Credit Mgmt. Corp. (In re Tuttle) · filed 2019-03-31(a)(8)

For all these reasons, debtor Dylan Tuttle has not met his burden of establishing that repayment of his student loans would impose an undue hardship under 11 U.S.C. § 523(a)(8).

Section 523(a)(8) does not require a debtor to enter an income-based repayment plan to obtain an undue hardship discharge of student loans.

Hill v. Educ. Credit Mgmt. Corp. (In re Hill) · filed 2019-04-01(a)(8)

Debtor's current income would not allow her to maintain a minimal standard of living if forced to repay her loans, and participation in a program such as REPAYE is neither required by the law nor feasible for Debtor. The Court therefore concludes that Debtor has met her burden of proving that she cannot maintain a minimal standard of living if forced to repay her student loans.

Section 523(a)(8)'s undue hardship test does not measure a debtor's ability to maintain a minimal standard of living using payments under an income contingent repayment plan.

Echelbarger v. United States (In re Echelbarger) · filed 2019-05-06(a)(8)

The Court rejects the United States' invitation to analyze the first prong of Brunner based on the amount a debtor would be required to pay under an ICRP.

Section 523(a)(8) permits courts to assess multiple student loans separately for undue hardship and discharge some while leaving others in place.

Swafford v. King, Jr. · filed 2019-07-10(a)(8)

As noted above, in cases of multiple student loans, Courts must “determine whether each loan, separately, imposes an undue hardship and may discharge some loans while declining to discharge others.” Martin, 584 B.R. at 890–91. The Court has applied this analysis and specifically finds the minimal level of disposable income Joshua can generate with spending reductions, will not cover eight different loans.

Under § 523(a)(8), the mere existence of exempt home equity cannot be dispositive of whether repaying student loans would impose an undue hardship.

Schatz v. Access Group, Inc. · filed 2019-07-26(a)(8)

In view of the foregoing, we conclude that the bankruptcy court misapplied the totality of the circumstances test by ascribing dispositive weight to the mere existence of exempt equity in Schatz’s home that exceeds the amount of her outstanding student loans.

Section 523(a)(8) requires an undue hardship assessment that does not treat the mere existence of exempt home equity as dispositive.

Schatz v. Access Grp., Inc. (In re Schatz) · filed 2019-07-26(a)(8)

In view of the foregoing, we conclude that the bankruptcy court misapplied the totality of the circumstances test by ascribing dispositive weight to the mere existence of exempt equity in Schatz's home that exceeds the amount of her outstanding student loans.

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

Thomas v. Dep't of Educ. (In Re Thomas) · filed 2019-07-30(a)(8)

The plain meaning of the words chosen by Congress is that student loans are not to be discharged unless requiring repayment would impose intolerable difficulties on the debtor.

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

Shenk v. U.S. Dep't of Educ. (In re Shenk) · filed 2019-08-13(a)(8)

Based upon a review of the entire record, the court finds that Debtor has failed to carry his burden to establish each prong of the Brunner test to qualify for discharge of his student loans under 11 U.S.C. § 523(a)(8).