Student Loan Dischargeability Adversary Under 11 U.S.C. section 523(a)(8)

Real EstateADVERSARY PROCEEDING  |  § 523(A)(8) UNDUE HARDSHIP  |  2015

 

Represented an individual debtor in an adversary proceeding seeking discharge of student loan debt under 11 U.S.C. § 523(a)(8), Adv. Proc. No. 15-03024, filed March 27, 2015 in the U.S. Bankruptcy Court for the Northern District of California. Section 523(a)(8) excepts most educational loans from a debtor’s bankruptcy discharge unless the debtor can establish that excepting the debt would impose an “undue hardship” — a standard that, in the Ninth Circuit, is evaluated under the three-prong Brunner test and has historically been treated as one of the most demanding burdens a consumer debtor can face.

The matter was resolved through a confidential settlement.

Result: Confidential settlement reached

U.S. Bankruptcy Court, Northern District of California, San Francisco Division.

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