Case Summary:
Debtor filed adversary proceeding contending student loan debt constituted an "undue hardship" under 11 U.S.C. § 523(a)(8). The Court concluded that the debtor could not maintain a minimal standard of living, especially given the presence of other student loans the debtor conceded were nondischargeable. The debtor had done everything he could to maximize income and minimize expenses. His expenses still exceeded his income by a considerable amount. Accordingly, the debt was an "undue hardship" under § 523(a)(8) and dischargeable. [Reversed on appeal, 262 B.R. 457 (W.D. Wis. 1999)]
Statue/Rule References:
11 U.S.C. § 523(a)(8) -- Nondischargeability - Student Loans
Key Terms:
Student Loans
File:
Judge:
Date:
Wednesday, September 15, 1999