Legal Opinion
Myhre v. U.S. Department of Education (In re Myhre)
United States Bankruptcy Court, W.D. Wisconsin
Decided July 25, 2013No. Bankruptcy No. 12-14088; Adversary No. 12-169PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM DECISION
ROBERT D. MARTIN, Bankruptcy Judge.
The U.S. Department of Education (the “DOE”) resists the discharge of a student loan debt owed by a quadriplegic debtor. Bradley A. Myhre filed a Chapter 7 petition and scheduled a debt of $14,072 owed to the DOE, and later filed a complaint seeking its dischargeability. Unsurprisingly, repayment of this loan would impose an undue hardship on Mr. Myhre, and under § 523(a)(8) of the Bankruptcy Code, the debt is therefore dischargeable. 11 U.S.C. § 523(a)(8).
In 1994, Mr. Myhre slipped on a swimming pool ladder and broke his neck. He survived…
2Cases cited5 opinions
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
- Susan Krieger v. Educational Credit ManagementCourt of Appeals for the Seventh Circuit · 2013
- Roth v. Educational Credit Management Corp. (In Re Roth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
- Nelsen v. Educational Credit Management Corp. (In Re Nelsen)United States Bankruptcy Court, E.D. Wisconsin · 2009
3Cited by2 opinions
- Manion v. Modeen (In re Modeen)United States Bankruptcy Court, W.D. Wisconsin · 2018
- Turturo v. Access Group, Inc. (In re Turturo)United States Bankruptcy Court, N.D. New York · 2014