Legal Opinion
Kemp v. U.S. Dep't of Educ. (In re Kemp)
United States Bankruptcy Appellate Panel for the Eighth Circuit
Decided August 24, 2018No. 17-6032PublishedCited by 5 opinions
1Opinion of the Court
SALADINO, Chief Judge.
The Appellant, Erin R. Kemp, appeals the order of the bankruptcy court1 denying her request for discharge of her student loan obligations to the United States Department of Education ("DOE") under 11 U.S.C. § 523(a)(8). We have jurisdiction over this appeal. See 28 U.S.C. § 158(b). For the reasons that follow, we affirm.
ISSUE
The ultimate issue on appeal is whether the bankruptcy court properly held that Appellant failed to meet her burden of proving an undue hardship under 11 U.S.C. § 523(a)(8). Appellant argues that the bankruptcy court did not apply the correct legal…
2Cases cited5 opinions
- In Re: Nanci Anne Long Debtor. Nanci Anne Long v. Educational Credit Management CorporationCourt of Appeals for the Eighth Circuit · 2003
- Educational Credit Management Corp. v. JespersonCourt of Appeals for the Eighth Circuit · 2009
- VerMaas v. Student Loans of North Dakota (In Re VerMaas)United States Bankruptcy Court, D. Nebraska · 2003
- Nielsen v. Acs, Inc. (In re Nielsen)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2012
- Walker v. Sallie Mae Servicing Corp. (In Re Walker)Court of Appeals for the Eighth Circuit · 2011
3Cited by5 opinions
- Haugen v. State of North Dakota dba Bank of North Dakota byUnited States Bankruptcy Court, D. North Dakota · 2022
- Marchus v. Student Loans of North DakotaUnited States Bankruptcy Court, D. North Dakota · 2021
- Mudd v. United States of America, acting through the UniteUnited States Bankruptcy Court, D. Nebraska · 2020
- Rachel Duncanson v. Bank of North DakotaUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2025
- Wells v. Department Of EducationUnited States Bankruptcy Court, D. Nebraska · 2020