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Booker v. Sallie Mae Fund, Inc. (In re Booker) (Case No. 08-61107; A.P. No. 08-06092) 07/06/2009

The debtor sought a declaration that the debt owed to Sallie Mae on his student loans was dischargeable, 11 U.S.C. § 523(a)(8) notwithstanding. As the debt arose from a loan for an educational benefit guaranteed by a governmental unit, the burden shifted to the debtor to demonstrate that excepting Sallie Mae's debt from discharge would impose an undue hardship on him.  The Court held that the debtor satisifed all three prongs of the Brunner test.  Because of the debtor's medical difficulties which will continue to deteriorate, it would be an undue hardship on the debtor to not discharge the debts owed to Sallie Mae.

Date: 
Monday, July 6, 2009
Category: 
Burden of Proof
Chapter 7 Issues
Dischargeability
Student Loan
Chapter: 
7