Brooks v. Key Bank (In re Brooks

(Bankr. S.D. Ind. Sep. 14, 2017)

The bankruptcy court grants the university’s motion for summary judgment, determining that the student loan debt is nondischargeable. The debtor filed the adversary proceeding alleging repayment would present an undue hardship. The debtor did not respond to the university’s motion and failed to present any evidence to satisfy the Brunner test. Opinion below.

Judge: Carr

Attorney for Debtor: Eric C. Redman, Redman Ludwig PC

Attorney for University: Constantine Alexander Hortis, Maryland Attorney General

2017-09-14 – in re brooks

Author: Matt Lindblom

Tetzlaff v. Educational Credit Management Corporation

(7th Cir. July 22, 2015)

The Seventh Circuit affirms the bankruptcy court’s determination that the $260,000 student loan debt was not dischargeable. The debtor had obtained a business degree and a law degree, but had not been able to pass the bar exam. The debtor claimed mental illness prevented him from securing employment and earning sufficient income in the future. The court applies the Brunner test and finds that the debtor failed to show an undue hardship. Opinion below.

2015-07-22 – tetzlaff v educational credit management

Author: Matt Lindblom

Sexton v. PHEAA (In re Sexton)

(Bankr. W.D. Ky. Nov. 24, 2014)

The bankruptcy court denies the chapter 7 debtor’s motion seeking an order declaring a student loan debt dischargeable. The court applies the three-part Brunner test and determines that excepting the student loan debt from discharge would not cause an undue hardship. The debtor could not show inability to maintain a minimal standard of living while repaying the loan, as he was paying private school tuition for his children and had an average monthly telephone/cable bill of $600 per month. The debtor also could not show that his future income was not likely to improve, as he had just started a law practice and did not establish that he had otherwise made significant efforts at finding employment. Finally, the debtor’s repayment history showed lack of a good faith effort to repay the loan. Thus, the debt remains nondischargeable. Opinion below.

2014-11-24 – sexton v pheaa

Trudel v. U.S. Department of Education (In re Trudel)

(B.A.P. 6th Cir. Aug. 8, 2014)

The Sixth Circuit B.A.P. affirms the bankruptcy court’s order finding the the debtor was not entitled to an undue hardship discharge of approximately $130,000 in student loans. While the debtor satisfied the first prong of the Brunner test (i.e., the debtor cannot maintain a minimal standard of living for herself and her dependents if forced to repay the loan), the “additional circumstances” and “good faith” prongs were not satisfied. The debtor did have medical conditions, but they did not prevent her from performing her job functions. Opinion below.

2014-08-08 – in re trudel