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Chad Allen Volkers v. Indiana Wesleyan University (In re Volkers)

Bankr. No.: 
03-50038
Adv. No.: 
03-5006
Chapter: 
7
Date of Decision: 
October 10, 2003
Issue: 
Whether the student loan creditor was entitled to summary judgment in its favor on the plaintiff-debtor’s complaint that he should receive a hardship discharge of his student loan?
Ruling: 
Summary judgment was entered in favor of the student loan creditor. The plaintiff-debtor failed to advance specific facts which showed he did not have the present ability to repay his student loans and that his less-than-ideal financial circumstances would continue for the foreseeable future. The student loan debt was not discharged.
Full Bankruptcy Court Decision: