Fern v. FedLoan Servicing (In re Fern)
United States Bankruptcy Appellate Panel for the Eighth Circuit
1Opinion of the Court
SHODEEN, Bankruptcy Judge,
The Defendant, U.S. Department of Education, appeals from the Bankruptcy *3Court’s1 determination that Fern’s student loans are dischargeable based upon undue hardship pursuant to 11 U.S.C. § 523(a)(8). For the reasons that follow, we affirm.
STANDARD OF REVIEW
The determination of undue hardship is a legal conclusion subject to de novo review. Long v. Educ. Credit Mgmt. Corp. (In re Long), 322 F.3d 549, 553 (8th Cir. 2003). Subsidiary findings of fact on which the legal conclusions are based are reviewed for clear error. Educ. Credit Mgmt. Corp. v. Jesperson, 571 F.3d…
2Cases cited11 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- 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
- Kaler v. Charles (In re Charles)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2012
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Martin v. Great Lakes Higher Educ. Grp. (In re Martin)United States Bankruptcy Court, N.D. Iowa · 2018
- Diane Lynn Ashline - Adversary ProceedingUnited States Bankruptcy Court, N.D. Iowa · 2021
- Haugen v. North Dakota, State ofDistrict Court, D. North Dakota · 2024
- 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
4 more not listed; retrieve them via the Exa API.