Hurst v. Southern Arkansas Univ., No. 15-6031 (8th Cir. 2016)
Annotate this CaseDebtor appealed the bankruptcy court's order denying her request to discharge her student loan for undue hardship pursuant to 11 U.S.C. 523(a)(8). The BAP concluded that, under the totality of the circumstances, the record demonstrates that debtor has sufficient income to make the $42 student loan payment and the bankruptcy court did not clearly err in so finding. The BAP also considered other relevant facts and circumstances, concluding that debtor failed to prove that she lacks the present ability to make payments on her student loans and her claim of undue hardship must fail. Accordingly, the BAP affirmed the judgment.
Court Description: Federman, Author, with Saladino and Shodeen, Bankruptcy Judges] Bankruptcy Appellate Panel. Order denying debtor's request to discharge her student loan for undue hardship is affirmed. Judge Shodeen, dissenting.
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