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

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