Bankr. No.:
93-50257
Adv. No.:
93-5017
Chapter:
7
Date of Decision:
July 28, 1994
Issue:
Whether Debtor Anna J. Dean was entitled to a hardship discharge of her student loans where her husband was permanently and totally disabled, she was temporarily disabled, the family had to move across the nation, and her job skills would limit her future earnings?
Ruling:
Under ยง 523(a)(8)(B) and Education Resources Institute, Inc., v. Law (In re Law), No. 93-4196, slip op. (D.S.D. May 18, 1994), and cases cited therein, Debtor was not entitled to a hardship discharge because she had not shown that her present inability to repay the student loans would continue throughout the repayment period. The Court, however, concluded that Debtor may seek a determination of hardship in the future if circumstances change.
Full Bankruptcy Court Decision:
