Bankr. No.:
04-40986
Adv. No.:
05-4042
Chapter:
7
Date of Decision:
December 2, 2005
Issue:
Whether Plaintiff-Debtor’s complaint to determine the dischargeability of certain student loans should be dismissed for failure to state a claim upon which relief could be granted?
Ruling:
While Plaintiff-Debtor pled sufficient facts to support a finding Plaintiff-Debtor did not have the present ability to repay her student loans, she did not plead sufficient facts to support a finding she did not have the ability to repay those loans at some time in the near future. Defendant’s motion to dismiss for failure to state a claim upon which relief could be granted was therefore granted.
Full Bankruptcy Court Decision:
