11 U.S.C. § 523

Section 523(a)(8) permits discharge of student loans for undue hardship only if the debtor proves, among other things, an inability to maintain a minimal standard of living while repaying them.

Murrell v. U.S. Department of Education · filed 2019-08-22(a)(8)

As such, the Debtor has not established the “minimal standard of living” element of the Brunner test and is not entitled to a discharge under 11 U.S.C. § 523(a)(8).

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

Nitcher v. Educational Credit Management Corporation · filed 2019-08-23(a)(8)

As stated, in the Ninth Circuit, a bankruptcy court may partially discharge student loans when payment of the full amount would constitute an undue hardship.

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

Smith v. Dept of Education · filed 2019-09-17(a)(8)

For the above reasons, I hold that excepting Plaintiff’s student loan debt from discharge would impose an undue hardship on Plaintiff and his dependents under § 523(a)(8).

Section 523(a)(8) makes student loan debt presumptively nondischargeable unless the debtor obtains an undue-hardship determination through an adversary proceeding.

KAETZ v. EDUCATIONAL CREDIT MANAGEMENT CORPORATION · filed 2019-09-30(a)(8)

Here, because Plaintiff does not allege that he commenced an adversary proceeding to determine whether his student loans were dischargeable, Plaintiff's debts were not discharged through the bankruptcy proceedings.

Section 523(a)(8) requires a debtor seeking to discharge student loans for undue hardship to show both an inability to maintain a minimal standard of living while repaying them and circumstances indicating that hardship will persist.

Gesinde v. U.S. Department of Education · filed 2019-10-10(a)(8)

For the reasons stated above, the Court grants the Defendant’s motion for summary judgment and concludes that the Debtor’s student loans are not dischargeable under Section 523(a)(8) of the Bankruptcy Code.

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

Montevechi v. Great Lakes Higher Education Corporation · filed 2019-10-15(a)(8)

The Brunner test allows a debtor to discharge student loan debt only if the debtor meets all three elements of the test.

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

Little v. U.S. Department of Education · filed 2019-10-24(a)(8)

By its motion, brief, and supporting evidence, DOE proved the absence of essential elements—additional circumstances and good faith efforts—of the Littles’ claim of undue hardship. And, by their response, the Littles have failed to raise a genuine issue of material fact in support of these required elements of undue hardship. DOE’s motion for summary judgment will be granted.

Section 523(a)(8) excepts student loans from discharge unless the debtor proves undue hardship, including good faith efforts to repay.

DiFrancesco v. U.S. Department of Education · filed 2019-11-06(a)(8)

Debtor has not demonstrated by a preponderance of the evidence that repaying his Loans imposes an undue hardship upon him pursuant to § 523(a)(8).

Section 523(a)(8) excepts student loans from discharge unless the debtor proves undue hardship, including an inability to maintain a minimum standard of living during a significant portion of the repayment period.

Braun v. US Department of Education · filed 2019-11-27(a)(8)

Applying the Brunner test, and in light of Krieger v. Educ. Credit Mgmt. Corp.,2 the Court holds that the second prong of the Brunner test is not satisfied, and the debtors will be able to repay the loan during the loan repayment period while maintaining at least a minimum standard of living.

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

Davis v. PHEAA · filed 2019-12-05(a)(8)

For the foregoing reasons the court finds that the Plaintiff has failed to carry his burden under section 523(a)(8). As a result, judgment in favor of the Answering Defendants will be rendered on the Count II of the Complaint and the Student Loan Obligations remain nondischargeable.

Section 523(a)(8) allows a debtor to seek discharge of student loans for undue hardship when the complaint adequately alleges the required elements.

Skelly v. U.S. Department of Education · filed 2019-12-16(a)(8)

Thus, in sum, Plaintiff’s complaint survives initial screening as required in 28 U.S.C. § 1915(e)(2) in that it adequately pleads a claim for a hardship determination pursuant to 11 U.S.C. § 523(a)(8).

Section 523(a)(8)’s undue hardship test considers a debtor’s enrollment in an income-based repayment plan as evidence of good faith; failure to enroll is not automatically bad faith.

Gerard v. United States Department of Education · filed 2020-01-17(a)(8)

In the Eleventh Circuit, a debtor’s failure to participate in an IBRP is not per se bad faith, but the availability of and the debtor’s enrollment in an IBRP is relevant to the good-faith prong of the Brunner analysis.

Section 523(a)(8) does not permit an undue hardship discharge of student loans when the debtor can repay them while maintaining a minimal standard of living.

Tingling v. Educational Credit Management Corporation · filed 2020-01-30(a)(8)

Tingling does not satisfy the first Brunner factor because the undisputed facts establish that her income and expenses will allow her to make loan repayments while maintaining a “minimal” standard of living.

Section 523(a)(8) excepts qualifying student loans from discharge unless the debtor proves undue hardship, including a lasting inability to repay and good faith efforts to repay.

Manley v. Trellis Company · filed 2020-02-13(a)(8)

The Court finds that Manley has failed in his burden of proof as to the second and third prongs of the Brunner test.

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

Bukovics v. Navient · filed 2020-02-25(a)(8)

For reasons articulated below, which constitute the Court’s amended Findings of Fact and Conclusions of Law, it is held that Plaintiff has sufficiently met her burden to demonstrate that repayment of her student loan debt would constitute an “undue hardship” under 11 U.S.C. § 523(a)(8).

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

Wells v. Department Of Education · filed 2020-02-25(a)(8)

The student loan indebtedness owed by the plaintiff to the defendants is not subject to discharge under the provisions of 11 U.S.C. § 523(a)(8).

Section 523(a)(8) requires courts assessing undue hardship to consider the continuing debt’s effect on the debtor’s dependents as well as on the debtor.

Clavell v. United States Department of Education · filed 2020-02-07(a)(8)

Section 523(a)(8) makes clear that in considering whether an undue hardship exists a court should consider not only the impact of the continuing debt on the debtor but also the impact on the debtor’s dependents.

Section 523(a)(8) generally excludes charitable support from the undue hardship income analysis when the donor has no legal duty to provide it and the debtor cannot otherwise maintain a minimal standard of living and repay student loans.

Hutsell v. Allied Interstate · filed 2020-03-09(a)(8)

Thus, a debtor’s receipt of charity from a third party who is under no legal obligation to provide such support should generally not be considered income for purposes of Brunner, when, without such support, the debtor cannot maintain a minimal standard of living and repay her loans.

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

Trejo v. Mae · filed 2020-04-15(a)(8)

Based upon the Court’s findings of fact and conclusions of law and for all the foregoing reasons, the Court finds and concludes that Ms. Trejo has satisfied her burden of establishing “undue hardship” under the demanding standard adopted by the Fifth Circuit for interpreting and applying 11 U.S.C. § 523(a)(8).

Section 523(a)(8) permits discharge of student loan debt for undue hardship only if the debtor proves each Brunner factor by a preponderance of the evidence.

Hlady v. American Education Services · filed 2020-04-24(a)(8)

For the reasons set forth below, the Court finds that plaintiff has failed to carry her burden of establishing that repayment of her student loan debt to ECMC would constitute an undue hardship under § 523(a)(8).

Section 523(a)(8) requires a debtor seeking to discharge student loan debt for undue hardship to satisfy all three Brunner factors; failure to satisfy the first factor defeats discharge.

Rubash v. United States Department Of Education · filed 2020-05-19(a)(8)

Based on the foregoing, the United States met its initial burden, and Mr. Rubash failed to respond with evidence demonstrating the existence of a genuine dispute as to any material fact with respect to the first prong of the Brunner test. As Mr. Rubash must satisfy all three prongs of the Brunner test in order to obtain discharge of the educational loan debt, this failure is fatal to his request.

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

McCoy v. United States · filed 2020-06-05(a)(8)

Reviewing the evidence provided, we conclude that the district court correctly determined that the bankruptcy court did not clearly err in its determination about the second prong of the Brunner undue hardship test.

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

Department Of Education v. United States Bankruptcy Court for the District of Colorado · filed 2020-07-22(a)(8)

Although the Debtor is currently experiencing financial difficulty, he presented no evidence to the Bankruptcy Court tending to show his financial condition is likely to persist for the duration of his repayment period as required by the second element of the Brunner test.

Section 523(a)(8) requires a debtor seeking to discharge student loans for undue hardship to prove each Brunner element; factual disputes about persistent hardship and good faith can preclude summary judgment.

Manigault v. United States Department Of Education · filed 2020-08-24(a)(8)

The Court finds that genuine issues of material fact remain as to Plaintiff’s ability to satisfy the second and third prongs of the Brunner test.

Section 523(a)(8) permits discharge of a student loan that imposes an undue hardship even when other student loans remain excepted from discharge.

Goodvin v. Department of Education · filed 2020-09-01(a)(8)

The Court grants in part, and denies in part, Goodvin’s complaint to discharge his student loan debt under 11 U.S.C. § 523(a)(8). Finding that repayment of the ECMC consolidation loan imposes an undue hardship on Goodvin, it is discharged in toto. The remaining six student loans with a combined balance of approximately $27,689 are excepted from Goodvin’s discharge.

Section 523(a)(8) requires a debtor seeking to discharge student-loan debt to prove undue hardship; failure to establish an inability to maintain a minimal standard of living while repaying the loans defeats that showing.

Zopfi v. Educational Credit Management Corporation (ECMC) · filed 2020-11-25(a)(8)

Under the Bankruptcy Code, student loan debt may be discharged in bankruptcy only if “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). ... In accordance with the foregoing, Debtor/Plaintiff Gregory S. Zopfi’s request to discharge his student-loan debt in his Chapter 7 bankruptcy proceeding shall be denied and we shall enter judgment in favor of Defendant Educational Credit Management Corporation.

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

Mudd v. United States of America, acting through the Unite · filed 2020-12-09(a)(8)

For the reasons stated above, the Court finds that Mudd’s loans are an undue hardship on her and her dependent grandson. Accordingly, Mudd’s consolidated student loans are discharged under 11 U.S.C. § 523(a)(8).

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

Lamb v. Navy Federal Credit Union · filed 2021-02-01(a)(8)

The student loan indebtedness owed by the Plaintiff to the Defendant is not subject to discharge under the provisions of 11 U.S.C. § 523(a)(8).

Section 523(a)(8) keeps a student loan nondischargeable when the debtor fails to prove that repayment would prevent a minimal standard of living.

Epperson v. Educational Credit Management Corporation · filed 2021-02-24(a)(8)

Because the Plaintiff has failed to establish the first element of the Brunner test by a preponderance of the evidence, the Court’s inquiry regarding the dischargeability of the Plaintiff’s student loan obligation concludes and the referenced student loan remains nondischargeable.

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

Tingling v. Educ. Credit Mgmt. Corp. · filed 2021-03-11(a)(8)

However, pursuant to 11 U.S.C. § 523(a)(8), a student loan can be discharged if repayment of the debt will impose an undue hardship on the debtor and the debtor’s dependents.

Section 523(a)(8) permits discharge of student loan debt for undue hardship only if the debtor proves all three Brunner factors by a preponderance of the evidence.

Hock v. Department of Education · filed 2021-03-17(a)(8)

To discharge her student loan debt under Section 523(a)(8), Hock was required to demonstrate by a preponderance of the evidence, an “undue hardship” by establishing each of three factors articulated in Brunner, and as adopted by this Circuit in Frushour.

An available income-driven repayment plan is weighed with other circumstances under the good-faith prong of the undue-hardship test; it does not automatically bar discharge.

Educational Credit Management Corporation v. Goodvin · filed 2021-03-17(a)(8)

The Court concludes that this factor is best considered under the third prong, along with all other circumstances bearing on the issue of undue hardship, consistent with the Tenth Circuit’s approach, so that the availability of the IDR plan may be given weight but not applied mechanically in such a way that may prove dispositive.

Section 523(a)(8) does not permit an undue hardship discharge when the debtor can maintain a minimal standard of living while making income contingent student loan payments.

Stevenson v. Nelnet · filed 2021-04-02(a)(8)

Debtor’s income allows her to maintain a minimal standard of living while satisfying her ICRP obligation. ... For the foregoing reasons, Debtor has not satisfied the first element of Brunner.

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

Nitka v. Department of Education · filed 2021-04-23(a)(8)

That hardly bespeaks a “state of affairs . . . likely to persist for a significant portion of the repayment period of the student loans.” Polleys, 356 F.3d at 1307. Accordingly, the court properly granted summary judgment for DOE.

Section 523(a)(8) permits discharge of student loans for undue hardship only if the debtor satisfies all three Brunner factors.

Hull v. Department of Education/NelNet Loan Services · filed 2021-04-23(a)(8)

Plaintiff has not met her burden under § 523(a)(8).

Section 523(a)(8) permits discharge of student loan debt remaining after completion of an income-based repayment plan when that remaining debt would impose an undue hardship.

Parvizi v. U.S. Department of Education(Great Lakes Borrowers · filed 2021-05-12(a)(8)

Accordingly, judgment will enter for the DOE, except that pursuant to § 105(a), the Court will order that any student loan debt remaining unpaid upon the Debtor’s completion of the REPAYE program or any comparable program is deemed discharged as an undue hardship pursuant to § 523(a)(8).

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

Marchus v. Student Loans of North Dakota · filed 2021-05-18(a)(8)

For the reasons stated above, the Court finds that Debtor’s debt to SLND imposes an undue hardship on her. Accordingly, Debtor's debt to SLND is discharged under 11 U.S.C. § 523(a)(8).

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

Graddy v. Educational Credit Management Corporation · filed 2021-06-02(a)(8)

Under 11 U.S.C. § 523(a)(8), her student loans are not dischargeable unless excepting them from discharge would cause “undue hardship.” ... Graddy appeals, but it is her burden to show undue hardship. Because she never did so, we affirm.

Section 523(a)(8) permits discharge of a student loan for undue hardship only if the debtor satisfies all three parts of the Brunner test, including proof that the inability to pay is likely to persist.

Bailey v. Navient · filed 2021-06-30(a)(8)

Because Ms. Bailey failed to meet the second prong of the Brunner test, the loan owed to Navient cannot be discharged as an undue hardship pursuant to 11 U.S.C. § 523(a)(8).

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

Griffith v. Cleveland State University Student Loans · filed 2021-06-30(a)(8)

For the reasons stated above, the Court finds the Debtor has not satisfied her burden of showing that repayment of her Student Loans would impose an undue hardship on her within the meaning of section 523(a)(8) of the Bankruptcy Code.

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

Mullin v. University of Mississippi · filed 2021-08-26(a)(8)

Student loans are nondischargeable, unless a debtor can show that the debt is an undue hardship on the debtor and his dependents.

Section 523(a)(8) permits discharge of student loan debt for undue hardship when the debtor proves all three parts of the Brunner test.

Bell v. U.S. Department of Education · filed 2021-09-01(a)(8)

Based on the Fourth Circuit’s application of the Brunner test, Mr. Bell must show all three of the Brunner prongs for this Court to discharge the student loan debt.

Section 523(a)(8) permits discharge of student loans when repayment would impose undue hardship; eligibility for a $0 monthly repayment plan does not automatically prevent discharge.

Zilisch v. FedLoan Servicing · filed 2021-09-07(a)(8)

Thus, the fact that Zilisch may qualify for a $0.00 payment under an ICRP while still allowing her and her dependent’s their reasonable monthly expenses should not automatically foreclose her ability to seek an undue hardship discharge under the Bankruptcy Code, as the ICRP and Bankruptcy Code are working toward patently different goals.

Section 523(a)(8) makes educational loans nondischargeable unless excluding them from discharge would impose an undue hardship on the debtor and the debtor’s dependents.

Adam Harrison Bryant - Adversary Proceeding · filed 2021-09-15(a)(8)

Based upon the foregoing, the Court finds that the Debtor does not meet the requirements under § 523(a)(8) and his debt is nondischargeable.

Section 523(a)(8) requires a debtor to show undue hardship to discharge student loan debt; the court may find only part of the debt nondischargeable.

Lewis v. Johnson & Wales University · filed 2021-09-27(a)(8)

The court will grant Defendant’s motion for summary judgment, in part, finding that Defendant is entitled to a judgment that a portion of the debt is nondischargeable. The motion is denied to the extent it seeks nondischargeability of the entire debt.

Section 523(a)(8) permits a debtor to discharge student loans when repaying them would impose an undue hardship.

Diane Lynn Ashline - Adversary Proceeding · filed 2021-09-28(a)(8)

IT IS THEREFORE ORDERED that Debtor’s student loan debts constitute an undue hardship for purposes of 11 U.S.C. § 523(a)(8) and are accordingly discharged as part of the general discharge entered in Debtor’s main bankruptcy case 16-00567.

Section 523(a)(8) permits discharge of a student loan upon proof of undue hardship under the Brunner test; unresolved material facts about its elements preclude summary judgment.

In Re: Educational Credit Management Corporation · filed 2021-09-29(a)(8)

Based upon the Court’s de novo review, neither Plaintiff nor Defendant has established their entitlement to summary judgment under the Brunner test in the Adversary Proceeding.

Section 523(a)(8) requires a debtor to prove undue hardship to discharge a covered student loan, including that the inability to repay is likely to persist for a significant portion of the repayment period.

Lewis v. Johnson & Wales University · filed 2021-10-19(a)(8)

To discharge the loans, Debtor must prove all three Brunner elements and establish that repayment of the loans is an undue hardship on her or her dependents. Defendants demonstrated that she cannot meet prong two, persistence of her financial situation through a significant portion of the repayment period, thereby defeating Debtor’s undue hardship claim.

Section 523(a)(8) excepts student loans from discharge unless the debtor proves undue hardship, including an inability to repay while maintaining a minimal standard of living.

Clark v. Wells Fargo Bank, NA · filed 2021-11-29(a)(8)

Because Plaintiffs have not established the first prong of the Brunner test, the Court’s analysis ends here.

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

Clark v. Wells Fargo Bank, N.A. · filed 2021-11-29(a)(8)

Because of this, repayment of Plaintiff’s Student Loans constitutes an undue hardship under 11 U.S.C. § 523(a)(8) and the Student Loans are dischargeable.

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

Wheat v. Great Lakes Higher Education Corp. · filed 2022-01-25(a)(8)

For the foregoing reasons, the Court finds it correctly concluded that excepting Wheat’s student loan debt from discharge would impose an undue hardship under 11 U.S.C. § 523(a)(8), and discharge of the student loan debt was proper.

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

Bridgeforth v. Us Department of Education · filed 2022-01-26(a)(8)

For these reasons, the Court finds that the Debtor has failed to meet his “heightened standard” of showing that he cannot maintain a minimal standard of living if forced to repay his student loans.

Section 523(a)(8)’s undue hardship test considers whether the debtor made a good faith effort to repay a student loan; payments and forbearance can support that finding.

MIT Federal Credit Union v. Riggle · filed 2022-01-10(a)(8)

Thus, when viewing the facts in the light most favorable to the nonmovant, the Court finds that there is no genuine issue of material fact, and that Defendant exhibited good faith in his attempt to repay the loan.

Section 523(a)(8)'s undue hardship test uses the current repayment period, rather than a hypothetical extended period, to assess whether a debtor's inability to repay will persist.

Ryan K. Wolfson - Adversary Proceeding · filed 2022-01-14(a)(8)

The second prong directs courts to look at the current repayment period, not a hypothetical one.

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

Doherty v. US Dept. of Education · filed 2022-03-02(a)(8)

Further, the burden is on the Debtor to prove that it would be an undue hardship upon him if the educational loan(s) at issue were not discharged. Dischargeability of the loan must be established by the preponderance of the evidence.

Section 523(a)(8) places the burden on the debtor to prove by a preponderance of the evidence that repaying an educational loan would impose an undue hardship.

Kevin Colin Doherty · filed 2022-03-02(a)(8)

Further, the burden is on the Debtor to prove that it would be an undue hardship upon him if the educational loan(s) at issue were not discharged. Dischargeability of the loan must be established by the preponderance of the evidence.

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

Everson v. U.S. Department of Education · filed 2022-03-29(a)(8)

After carefully considering the evidence, the Court concludes that Debtor did not meet her burden to prove the dischargeability of her student loan debt, and under 11 U.S.C. § 523(a)(8), the student loan is excepted from Debtor’s discharge.

A debtor states an undue hardship claim under § 523(a)(8) when the alleged facts, accepted as true, sufficiently support the claim.

Telasco v. US Department of Education · filed 2022-03-29(a)(8)

When the alleged facts are viewed in the ... light most favorable to her and treated as being true, Ms. Telasco has alleged sufficient facts in her Amended Complaint to state a cause of action for undue hardship under 11 U.S.C. § 523(a)(8).

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

Parvizi v. United States · filed 2022-07-29(a)(8)

For the reasons set forth above, we discern no error in the bankruptcy court’s ruling that the Debtor failed to prove, by a preponderance of the evidence, that she was entitled to an undue hardship discharge under § 523(a)(8).

Section 523(a)(8) allows an undue hardship claim to proceed when the debtor alleges facts that plausibly satisfy the three Brunner requirements.

Thomas G Smith · filed 2022-08-05(a)(8)

Though not very clearly laid out, the facts alleged in Debtor’s Amended Complaint are sufficient for Debtor to make a plausible undue hardship claim under section 523(a)(8).

Section 523(a)(8) requires a debtor seeking an undue hardship discharge of student loans to prove good faith efforts to repay them; failure to prove that factor defeats the claim.

Nystrand v. Kingdom of Sweden · filed 2022-08-29(a)(8)

But this information is not relevant to the issue before the Court, which is whether Nystrand has met her burden to prove that she has met all three (3) prongs of the Brunner test, specifically including the third prong, which is that she made good faith efforts to repay her student loan debt to Sweden.

Section 523(a)(8) permitted discharge of the student loan debt at issue.

Haugen v. State of North Dakota dba Bank of North Dakota by · filed 2022-10-03(a)(8)

Debtor’s obligation to pay the student loan debt owed to North Dakota is discharged under 11 U.S.C. § 523(a)(8).

A possible tax bill when a student loan is forgiven twenty-five years later is too speculative to establish undue hardship.

Marty v. MOHELA · filed 2022-11-21(a)(8)

The possibility of tax consequences twenty-five years in the future is too speculative to constitute an undue hardship.

Section 523(a)(8) requires a debtor seeking to discharge student loans for undue hardship to provide facts about the loans and the debtor’s circumstances.

Longo, Jr v. Discover Bank · filed 2023-02-02(a)(8)

The Complaint alleges that the loans were in default prior to bankruptcy and that there is no ability to cure the default, Compl. ¶¶ 11, 15, but otherwise consists of conclusory allegations that tell nothing of the details of the student loans or the Debtor’s circumstances that might support a claim of undue hardship.

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

Eliason v. Bank of North Dakota · filed 2023-08-08(a)(8)

The Bankruptcy Code provides that a student loan guaranteed by a governmental unit may be discharged in bankruptcy if not doing so would impose an undue hardship on the debtor.

Section 523(a)(8)'s undue hardship exception did not permit discharge of the student loans on the facts reviewed by the court.

Hock v. U.S. Department of Education · filed 2023-09-28(a)(8)

The Court affirms the Bankruptcy Court’s decision that Hock’s student loans were not dischargeable as an undue hardship under Section 523(a)(8) of the Bankruptcy Code.

Section 523(a)(8) leaves federal student-loan debt undischarged by a standard Chapter 7 discharge order unless the debtor demonstrates undue hardship.

White · filed 2024-02-15(a)(8)

Under the Bankruptcy Code, federal student-loan debt is not dischargeable absent a finding of undue hardship.

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

Haugen v. North Dakota, State of · filed 2024-03-25(a)(8)

Based on the record as a whole, Haugen’s past, present, and reasonably reliable future financial resources are insufficient to meet the monthly obligation to North Dakota while maintaining a minimum standard of living. The Court finds Haugen met her burden of establishing undue hardship by a preponderance of the evidence. Therefore, the Court affirms the Bankruptcy Court’s discharge of Haugen’s student loan debt owed to North Dakota.

Section 523(a)(8) requires a debtor to satisfy all three Brunner undue-hardship prongs, including good-faith efforts to repay, to discharge student loans.

Raynor v. Education Credit Management Corporation · filed 2024-11-20(a)(8)

The debt associated with the Notes is nondischargeable pursuant to 11 U.S.C. § 523(a)(8), because all three Brunner prongs must be met for student loans to be considered an “undue hardship.”

Section 523(a)(8) does not allow a debtor to discharge student loans based on hardship caused by choosing lower-paid work when the debtor is capable of earning more.

Chase v. U.S. Department of Education · filed 2024-12-12(a)(8)

But he cannot have all of that and enjoy the benefit of a discharge of the ECMC student loans under § 523(a)(8), too.

Section 523(a)(8) permits discharge of a student loan for undue hardship, and a debtor can show good faith even without making payments.

Bank of North Dakota v. Eliason, Dennis · filed 2024-10-25(a)(8)

The bank does not challenge the bankruptcy court’s legal determination that a court may find good faith even when, as in this case, the debtors have not made any payments. The court agrees with this concession. The question is not simply whether the debtors did make payments; it is whether they could have made more payments by increasing their income or lowering their expenses.

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

Bench v. Ed Financial Services · filed 2025-02-04(a)(8)

The Plaintiffs have not established that they will be unable to make future payments towards their student loans and therefore have not met the standard for a hardship discharge under 11 U.S.C. § 523(a)(8).

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

Rosen v. Texas Guaranteed Student Loan Corporation, n/k/a T · filed 2025-03-25(a)(8)

The Court concludes that excepting the student loan debt from discharge imposes an undue hardship on Mr. Rosen and his wife. Pursuant to section 523(a)(8) of the Bankruptcy Code, the debt is discharged.

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

Altman v. U.S. Department Of Education · filed 2025-03-31(a)(8)

IT IS FURTHER ORDERED that Altman has neither satisfied her burden nor shown that repayment of her student loan debt would impose an undue hardship as required by 11 U.S.C. § 523(a)(8).

Section 523(a)(8) places the burden of proving student loan hardship dischargeability on the debtor.

Parker v. Dept. of Education/NelNet · filed 2025-04-16(a)(8)

Without an agreed resolution, to obtain a student loan hardship discharge, Plaintiff must proceed to trial where she will bear the burden of establishing the dischargeability of her student loan debt under § 523(a)(8).

Section 523(a)(8) barred discharge of the loans because the debtor did not establish undue hardship.

Hendel v. Pennsylvania Higher Education Assistance Agency et · filed 2025-05-02(a)(8)

For the foregoing reasons, this Court holds that the Loans are nondischargeable under 11 U.S.C. § 523(a)(8).

Section 523(a)(8) does not permit discharge of student loans when the debtor fails to show that an inability to repay is likely to persist for a significant portion of the repayment period.

Curtis-Shanley v. United States Department of Education · filed 2025-05-08(a)(8)

Because the Debtor does not satisfy the second prong of the Brunner test, the Court must grant summary judgment to the DOE.

Section 523(a)(8) requires a bankruptcy court to independently find undue hardship before discharging student loan debt, even when the parties agree that hardship exists.

Garcia v. US Department of Education · filed 2025-05-19(a)(8)

But the parties’ agreement does not end the matter. Under § 523(a)(8), this Court must, on the facts presented, independently determine whether the debtor would face an undue hardship if forced to repay the student loan debt.

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

Duncanson v. Bank of North Dakota · filed 2025-08-12(a)(8)

The bankruptcy court’s findings, when viewed as a whole, support the conclusion that one, but not both, of the Debtor’s student loans should be discharged as an undue hardship under the totality-of-the-circumstances test. The bankruptcy court did not err in finding the student loan debt owed to the Bank 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 prove the elements of the Brunner test; disputed facts about income and expenses can prevent summary judgment.

Patterson v. U.S. Department of Education · filed 2025-08-22(a)(8)

However, based on the record before it, the Court concludes the Debtor failed to meet her burden of proving the absence of controverted facts as to each element of the Brunner test.

Section 523(a)(8) requires a debtor seeking to discharge student loans for undue hardship to satisfy all three prongs of the Brunner Test.

Xiao v. United States Department of Education/Nelnet · filed 2025-08-30(a)(8)

Plaintiff must satisfy all three prongs of the Brunner Test to obtain a discharge of his Federal Student Loan Debt under section 523(a)(8).

Section 523(a)(8) excepts student loans from discharge when the debtor can maintain a minimal standard of living while repaying them.

Eimers v. Educational Computer Systems Inc. · filed 2025-09-22(a)(8)

Because D'Achiardi has not satisfied the first prong of the Brunner test, the inquiry ends: her student loans are excepted from discharge under 11 U.S.C. §§ 523(a)(8) and 1328(a)(2).

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

Satcher v. Educational Credit Management Corporation · filed 2025-10-06(a)(8)

The Court adopts the totality of circumstances test to determine whether the Debtor has shown undue hardship.

Section 523(a)(8) permits discharge of student loans for undue hardship; factual disputes about the debtor’s additional circumstances and good faith efforts can preclude summary judgment.

Park · filed 2026-02-24(a)(8)

Accordingly, genuine issues of material fact exist such that summary judgment is inappropriate on the “additional circumstances” factor.

Section 523(a)(8) bars discharge of student loans when the debtor fails to show that repayment would cause undue hardship.

Halliwell · filed 2026-04-16(a)(8)

Considering the undisputed material facts, the Debtor has not satisfied the second and third prongs of the Brunner test as a matter of law. As a result, she has not proven that she is entitled to a discharge of her student loans.

Section 523(a)(8) requires a debtor seeking an undue hardship discharge of student loans to satisfy the Brunner test, including its requirement concerning a minimal standard of living.

Belcher v. Columbia University (In Re Belcher) · filed 2001-01-23(a)(8)

This court agrees that Brunner sets forth the appropriate test for determining “undue hardship” cases under 11 U.S.C. § 523(a)(8). ... Ms. Belcher has failed to meet her burden of proof and does not satisfy the first part of the Brunner test.

The 1998 repeal of § 523(a)(8)(A)’s seven-year discharge rule applies to bankruptcy cases filed after the amendment, even when the student loans were incurred earlier.

Lewis v. United States Department of Education (In Re Lewis) · filed 2007-11-05(a)(8)(A)

We hold that the district court correctly ruled that appellant’s student loans are governed by the retroactive 1998 Amendment to 11 U.S.C. § 523(a)(8)(A) which eliminated the dischargeability of his loan.

Section 523(a)(8)'s student loan discharge exception applied when Congress repealed the earlier student loan provision, before the Bankruptcy Reform Act's general effective date.

Connecticut Student Loan Foundation v. Southard (In Re Southard) · filed 1979-12-28(a)(8)

Thus, when the Student Loan Act (§ 439A) was repealed, the broader provisions of' § 523 stepped in immediately and took its place.

Section 523(a)(8) does not apply to bankruptcy petitions filed before October 1, 1979.

University of Louisville v. Kidwell (In Re Kidwell) · filed 1980-06-20(a)(8)

It is therefore not possible to hold that 11 U.S.C. § 523(a)(8), the Reform Act provision providing for nondischargeability of student loans, applies to petitions filed prior to October 1, 1979.

Section 523(a)(9) does not apply to bankruptcy cases filed before its October 9, 1984 effective date.

Hoffman v. Ustaszewski (In Re Ustaszewski) · filed 1987-02-10(a)(9)

As a result, the substantive amendments are not applicable to cases filed prior to that date. Since the Debtor’s Petition was filed on August 23, 1984, 11 U.S.C. § 523(a)(9) cannot be used to assert the nondischargeability of the Debtor’s debt.

A student loan first becomes due when its first installment is owed under the loan terms; a lender’s delayed repayment schedule does not change that date for the seven-year discharge rule.

Chisari v. Florida Department of Education, Office of Student Financial Assitance Wage Withholding Unit (In Re Chisari) · filed 1995-05-03(a)(8)(A)

As such, the beginning of the repayment period, May 26, 1987, represents the date on which the Loans first became due regardless of whether the Debtor received a repayment schedule. This date is more than seven years prior to the Petition Date.

Section 523(a)(8)’s student loan discharge exception is self-executing; a co-obligor seeking contribution on that debt need not file an exception to discharge.

Aguiluz v. Bayhi (In Re Bayhi) · filed 2008-05-16(a)(8)

At least for purposes of this case, there is no legal or functional difference between non-dischargeability of a pre-petition debt for state taxes pursuant to § 523(a)(1)(A) (Fields) and non-dischargeability of a pre-petition debt for a student loan pursuant to § 523(a)(8) (the instant case). Under either subsection, a creditor need never file an exception to discharge, because bankruptcy law makes these and other § 523(a) exceptions self- executing.

Section 523(a)(8) does not let a person who did not make a student loan invoke the student loan exception against a debtor who owes nothing directly to the lender.

Corso v. Walker · filed 2011-05-20(a)(8)

Applying these principles, the statutory exception under § 523(a)(8) may not be invoked by an individual creditor such as Corso, who has never made any student loan, against a debtor who is not obligated to pay the student loan debts directly to the lender.

Section 523(a)(8) does not except a divorce obligation to pay a former spouse for a student loan from discharge when the debtor did not sign or guarantee the loan.

Lohman v. Confair (In re Confair) · filed 2016-04-15(a)(8)

I conclude that the obligation emanating from these facts are best classified as debts owing a'former spouse incurred in the course of a divorce, and not a student loan, which debt would be excepted under § 523(a)(8). The Rule 12 Motion must be granted as to Count I.

A § 523(a)(8) undue hardship claim is unripe when discharge is years away and the court would have to speculate about the debtor’s circumstances at that time.

Boaz v. ISM Education Loans (In Re Boaz) · filed 2008-04-17(a)(8)

Any undue hardship determination made at this point in time would be based on a hypothetical state of facts rather than actual circumstances. The Court could only speculate what Boaz’s circumstances will be in four years. Based on the applicable law and the foregoing reasons, the Court finds this case is not ripe for adjudication.

Section 523(a)(8) requires a debtor to exhaust an available administrative remedy for student-loan discharge before the court decides undue hardship.

Scholl v. NSLP (In Re Scholl) · filed 2001-01-31(a)(8)

It is the conclusion of this Court that, as an administrative remedy, Debtor must first exhaust all rights provided to him under this statute prior to this Court determining whether hardship, as defined by the Bankruptcy Code in 11 U.S.C. § 523(a)(8), exists on the record presented.

Section 523(a)(8) excepts postpetition interest on a student loan from discharge, even when the principal and prepetition interest were paid through a Chapter 13 plan.

Murphy v. Educational Credit Management Corp. (In Re Murphy) · filed 2000-11-08(a)(8)

ORDERED, ADJUDGED, AND DECREED that the balance of the debt owed to ECMC which is postpetition interest on a student loan is hereby determined to be NONDISCHARGEABLE.

Section 523(a)(8) makes postpetition interest on a nondischargeable student loan nondischargeable too.

Branch v. Unipac/Nebhelp (In Re Branch) · filed 1994-12-13(a)(8)

Post-petition interest on a nondischargeable student loan debt is also nondischargeable.

Section 523(a)(8)(A)'s five-year nondischargeability period for a consolidated student loan begins when the consolidation loan first becomes due.

Hiatt v. Indiana State Student Assistance Commission · filed 1994-09-15(a)(8)(A)

We conclude that, in eases in which a debtor has consolidated her educational loans pursuant to 20 U.S.C. § 1078-3, the plain language of section 523(a)(8)(A) requires that the nondisehargeability period commences on the date on which the consolidation loan first became due.

Section 523(a)(8) makes postpetition interest on an undischarged student loan nondischargeable.

Ridder v. Great Lakes Higher Education Corp. (In Re Ridder) · filed 1994-08-12(a)(8)

Because Ridder’s student loan was not discharged, the debt was continuing. Postpetition interest is an integral part of the undischarged debt and would itself be nondis-chargeable.

Section 523(a)(8)(A) prevents discharge of an educational debt that first became due within five years before the bankruptcy petition; a loan first becomes due when its first installment is payable.

United States v. Hogan · filed 1984-08-29(a)(8)(A)

A loan becomes due when it is required to be paid, that is, when the first installment is due.

Under the five-year educational loan rule, the loan’s terms determine when repayment first becomes due; a lender’s unilateral later schedule does not change that date.

Brinzer v. Pennsylvania State University (In Re Brinzer) · filed 1984-12-07(a)(8)(A)

The date on which a note first becomes due is a factual question which should be resolved by reference to the terms of the note in question.

Section 523(a)(8) excepts qualifying student loans from discharge, including interest that accrues on them during a Chapter 13 bankruptcy.

Leeper v. Pennsylvania Higher Education Assistance Agency · filed 1995-02-27(a)(8)

For the foregoing reasons, we conclude that the bankruptcy court did not err in ruling that PHEAA is entitled to accrue interest on the nondischargeable student loans during the pendency of the debtors' Chapter 13 bankruptcies.

A Chapter 13 debtor’s claim to discharge a student loan for undue hardship under § 523(a)(8) is premature when the debtor’s financial circumstances cannot yet be assessed near or at plan completion.

Raisor v. Education Loan Servicing Center, Inc. (In Re Raisor) · filed 1995-03-09(a)(8)

However, it is premature for the Court to determine whether or not the PLUS Loans will cause undue hardship if the loans are not discharged. Under Chapter 13, the appropriate time for this determination is near or at the time the plan is scheduled for completion.

Section 523(a)(8)(A) treats an automatic stay during a prior bankruptcy as a suspension that tolls the seven-year nondischargeability period for student loans.

Commonwealth, State Education Assistance Authority v. Gibson (In Re Gibson) · filed 1995-08-04(a)(8)(A)

After carefully examining the statute, the case law and the legislative history, this Court holds that the automatic stay during the 1988 bankruptcy proceeding was an “applicable suspension of the repayment period” that tolled the nondischargeability period.

Section 523(a)(8) presumes student loans nondischargeable when the seven-year exception does not apply, and the debtor bears the burden of challenging that presumption.

Odom v. Columbia University · filed 1995-11-15(a)(8)

Student loans that do not meet the time requirement of the seven-year exception are presumed to be nondischargeable and the debtor bears the burden of challenging that presumption.

Section 523(a)(8)(A) excludes borrower-requested deferments when calculating the seven-year period for discharging student loans; a lender’s retroactive forbearance does not suspend that period.

Flynn v. New Hampshire Higher Education Assistance Foundation (In Re Flynn) · filed 1995-11-28(a)(8)(A)

The Supreme Court instructs courts to look at the plain meaning of statutes when construing them, and there is no way that this Court can read into that statute anything other than a meaning for “suspension” that is defined essentially in terms of a requested deferment of repayment due dates. The first twelve months of deferment of repayment of these student loan debts were in fact such a suspension of the repayment period, and the last deferment of repayment was not.

Conversion from Chapter 13 to Chapter 7 does not reset the petition date used to calculate Section 523(a)(8)(A)’s seven-year student loan exception.

Green v. University of Alabama (In Re Green) · filed 1997-06-23(a)(8)(A)

Consequently, this Court finds that the date the debtor filed her Chapter 13 petition, that is April 12, 1996, is the only “date of filing” for purposes of the “before more than 7 years” provision of section 523(a)(8)(A). As such, the debtor’s student loan did not first become due before more than seven years before that filing date and the debt created by the loan is therefore not dischargeable.

Section 523(a)(8) excepts postpetition interest on a nondischargeable student loan from discharge, including in chapter 13.

Great Lakes Higher Education Corp. v. Pardee (In Re Pardee) · filed 1998-03-31(a)(8)

Because we find no reason to limit the Bruning principle to nondischargeable tax debts, we conclude that postpetition interest on a nondischargeable student loan debt is nondischargeable under the Code. Finally, because chapter 13 specifically incorporates the nondischargeability provisions of § 523(a)(8), the Bruning principle also applies in chapter 13.