Fern v. Fedloan Servicing (In re Fern)

RULING ON DISCHARGEABILITY OF STUDENT LOANS

THAD J. COLLINS, CHIEF BANKRUPTCY JUDGE

This matter came before the Court for trial in Dubuque, Iowa. Stuart Hoover appeared for Debtor Sara Fern. Marty McLaulghin appeared for the United States Department of Education (“the Department”). The parties submitted post-trial briefs. This is a core proceeding under 28 U.S.C. § 157(b)(1).

STATEMENT OF THE CASE

Debtor owes over $27,000 in student loans. Through various types of deferment and forbearance, she has never made a payment on that debt. Debtor argues that not discharging the student loans would…