Jones v. Education Credit Management Corp., ACS Education Services, Inc. (In re Jones)

OPINION

ERIC L. FRANK, Chief Judge.

I. INTRODUCTION

In this adversary proceeding, Plaintiff Monique Evette Jones (“the Debtor”) seeks a discharge of her student loan obligations under 11 U.S.C. § 528(a)(8). Section 523(a)(8) provides that student loans are not dischargeable “unless excepting such debt from discharge ... would impose an undue hardship on the debtor and the debtor’s dependents.” 11 U.S.C. § 523(a)(8).

It is settled law in this Circuit that a debtor seeking to discharge his or her student loans must prove that:(1) based on current income and expenses, the debtor cannot maintain a…