You are here

George C. Mallinckrodt v. Chemical Bank, Nellie Mae, Sallie Mae, The Education Resources Institute, Inc and USA Group Loan Services, Inc. (In re Mallinckrodt), Adv. No, 00-1220, Case No. 00-10957-7 (03/28/2001) (260 B.R. 892) -- Judge Thomas S. Utschig

Case Summary:
Debtor brought adversary proceeding to determine whether his student loans should be discharged as an “undue hardship” within the meaning of 11 U.S.C. § 523(a)(8).  The court concluded that the debtor’s financial condition was such that he would not be able to maintain a minimal standard of living if required to repay the loans.  Further, this condition was likely to persist for the foreseeable future, and the debtor had acted in good faith.  There is also no basis for restructuring or deferring the debt.  Reversed on appeal.

Statue/Rule References:
11 U.S.C. § 523(a)(8) -- Nondischargeability - Student Loans

Key Terms:
Student Loans


Date: 
Wednesday, March 28, 2001