Hart v. ECMC

ORDER DENYING APPEAL AND AFFIRMING BANKRUPTCY COURT JUDGMENT OF MAY 27, 2009

GEORGE CARAM STEEH, District Judge.

This is an appeal from a judgment of the Eastern District of Michigan Bankruptcy Court, dismissing debtor-appellant Marilyn Kaye Hart’s adversary proceeding. Appellant had sought a declaratory judgment that a certain student loan debt was dis-chargeable pursuant to 11 U.S.C. § 1328(a). Following a non jury trial, Judge Shefferly held that repayment of the loan in question would not impose an undue hardship pursuant to the test utilized by the Sixth Circuit in In re Oyler, 397 F.3d…