Legal Opinion
In re Metz
United States Bankruptcy Court, D. Kansas
Decided September 25, 2018No. Case No. 12-13120; Adv. No. 17-5119PublishedCited by 4 opinions
1Opinion of the Court
Robert E. Nugent, United States Bankruptcy Judge
A student loan may be discharged in bankruptcy only if the payment of such loan would impose an undue hardship on the debtor.1 Determining whether the hardship the student loan payment would impose is undue involves deciding three things: (1) is the debtor unable to make her student loan payments while maintaining a minimal standard of living; (2) is the debtor's present impecunious condition likely to persist during the loan repayment period; and (3) has the debtor made a good faith effort to pay? If the answers are yes, yes, and yes, the Court…
2Cases cited11 opinions
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Educational Credit Management Corp. v. PolleysCourt of Appeals for the Tenth Circuit · 2004
- Alderete v. Educational Credit Management Corp.Court of Appeals for the Tenth Circuit · 2005
- DSC National Properties, LLC v. Johnson (In re Johnson)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
- Ivory v. United States (In Re Ivory)United States Bankruptcy Court, N.D. Alabama · 2001
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3Cited by4 opinions
- Educational Credit Management Corporation v. GoodvinDistrict Court, D. Kansas · 2021
- Goodvin v. Department of EducationUnited States Bankruptcy Court, D. Kansas · 2020
- Loyle v. United States Department of EducationUnited States Bankruptcy Court, D. Kansas · 2022
- Stevenson v. NelnetUnited States Bankruptcy Court, D. New Mexico · 2021