Legal Opinion

Manion v. Modeen (In re Modeen)

United States Bankruptcy Court, W.D. Wisconsin

Decided June 8, 2018No. Case No.: 17–11954–7; Adversary No.: 17–71PublishedCited by 4 opinions

1Opinion of the Court

(3) That the debtor has made good faith efforts to repay the loans.

In re Roberson , 999 F.2d 1132, 1135 (7th Cir. 1993).

The debtor has the burden of establishing each element of the test by a preponderance of the evidence. Goulet v. Educ. Credit Mgmt. Corp. , 284 F.3d 773, 777 (7th Cir. 2002).

1. Minimal Standard of Living

The Court must first address whether Defendant would still be able to maintain a "minimal" standard of living if she is compelled to pay the Manion Loan. This first prong "should serve as the starting point ... since information regarding the debtor's current financial…

2Cases cited27 opinions

  1. In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
  2. 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
  3. In Re Dennis Leroy Saxman, Debtor, Dennis Leroy Saxman v. Educational Credit Management Corporation, and Department of EducationCourt of Appeals for the Ninth Circuit · 2003
  4. In the Matter Of: Timothy Gerard O'hearn, Debtor, Timothy Gerard O'Hearn v. Educational Credit Management CorporationCourt of Appeals for the Seventh Circuit · 2003
  5. Jon P. Goulet v. Educational Credit Management Corp.Court of Appeals for the Seventh Circuit · 2002

22 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Braun v. US Department of EducationUnited States Bankruptcy Court, E.D. Wisconsin · 2019
  2. Eliason v. Bank of North DakotaUnited States Bankruptcy Court, W.D. Wisconsin · 2023
  3. In re: Robert Vincent Newman v. Customers Bank and LendKey Technologies, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 2026
  4. Lewis v. MASSACHUSETTS HIGHER ED. ASSIST. CORPORAUnited States Bankruptcy Court, S.D. Mississippi · 2020

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