Carnduff v. United States Department of Education (In Re Carnduff)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MONTALI, Bankruptcy Judge.
The bankruptcy court found that Brett Michael Carnduff (“Brett”) and Janeth Rey Carnduff (“Janeth”) (“Debtors”) will never be able to pay their student loan debt of over $350,000 unless one or both of them “wins the lottery.” Nevertheless, without deciding whether Debtors have made good faith efforts to repay their loans, the bankruptcy court held that it could not discharge any of their student loans under Section 523(a)(8) 1 because their earning capacity should improve in the future. We REVERSE and REMAND.
We publish to emphasize that the bankruptcy court…
2Cases cited31 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Brunner v. New York State Higher Education Services Corp. (In Re Brunner)District Court, S.D. New York · 1985
- In Re: Nanci Anne Long Debtor. Nanci Anne Long v. Educational Credit Management CorporationCourt of Appeals for the Eighth Circuit · 2003
- In Re: Steven Lynn Hornsby Teresa Lynn Hornsby, Debtors. Tennessee Student Assistance Corporation v. Steven Lynn Hornsby Teresa Lynn HornsbyCourt of Appeals for the Sixth Circuit · 1998
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3Cited by12 opinions
- Roth v. Educational Credit Management Corp. (In Re Roth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
- Booth v. U.S. Department of Education (In Re Booth)United States Bankruptcy Court, E.D. Washington · 2009
- Martin v. Great Lakes Higher Educ. Grp. (In re Martin)United States Bankruptcy Court, N.D. Iowa · 2018
- Hedlund v. EDUCATIONAL RESOURCES INSTITUTE, INC.District Court, D. Oregon · 2012
- McDowell v. Education Credit Management Corp. (In re McDowell)United States Bankruptcy Court, D. Idaho · 2016
7 more not listed; retrieve them via the Exa API.