In re:Smyth, No. 11-8035 (6th Cir. 2012)
Annotate this CaseThe Debtor filed a voluntary petition for relief under Chapter 7, listing no student loan debts. Notice of filing was sent to listed creditors. Weeks later, Debtor filed an amended Schedule F which listing a creditor holding a student loan in the amount of $76,654.86. One week later, the bankruptcy court issued a general Chapter 7 discharge. No adversary proceedings were commenced during the case and no determination of undue hardship was requested or made. About six months later, the Chapter 7 Trustee filed a no asset report, and the bankruptcy court entered a final decree and closed the case. Seven years later, the Debtor sought to pursue sanctions and damages against the holder of her student loans for an alleged violation of the discharge injunction. The bankruptcy court denied a motion to reopen. The Sixth Circuit. Student loans are not discharged in bankruptcy absent determination of undue hardship in an adversary proceeding, 11 U.S.C. 523(a)(8).
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