Shells v. United States Department of Education (In re Shells)

MEMORANDUM DECISION ON MOTION FOR SUMMARY JUDGMENT

Christopher D. Jaime, UNITED STATES BANKRUPTCY JUDGE

INTRODUCTION

The defendant, the United States acting on behalf of its agency — the United States Department of Education, seeks summary judgment on plaintiff Tangerie Shells’ 11 U.S.C. § 523(a)(8) claim seeking to discharge a student loan. Plaintiff has filed a response to the motion for summary judgment.

Plaintiff is a 47 year-old social worker. She has a bachelor’s and a master’s degree in social work which .she financed with’ the subject student loan. Plaintiff filed a chapter 7 bankruptcy…