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Erbschloe v. U.S. Department of Education (In re Erbschloe) (Case No. 11-72562; A.P. No. 12-07013) 06/13/2013

The debtor filed a motion to seek a discharge of her student loan debt under 11 U.S.C. § 523(a)(8).  The parties agreed that in order for the debtor’s loans to be discharged under section 523(a)(8), the debtor must establish by a preponderance of the evidence that the repayment of her student loans would be an undue hardship.  The court analyzed the evidence under the Brunner Test.  The court concluded that the debtor had failed to establish the second prong of the Brunner Test and was not entitled to an immediate discharge of her student loans.  However, under the circumstances, the court concluded that if the debtor enrolled in the income based repayment plan, fulfilled her obligations under that plan, and still had an amount due and owing at the end of the repayment period, the amount due and owing at the end of the repayment period would be an undue hardship under section 523(a)(8) and would be discharged prior to any forgiveness granted by the Government pursuant to 20 U.S.C. § 1098e(b)(7).

Date: 
Thursday, June 13, 2013
Category: 
Adversary Proceedings
Chapter 7 Issues
Dischargeability
Chapter: 
7