Conway v. National Collegiate Trust, et al., No. 13-6016 (8th Cir. 2013)
Annotate this CasePlaintiff appealed the bankruptcy court's finding that her student loan obligations to NCT and its loan servicer were nondischargeable. The bankruptcy appellate panel (BAP) concluded that the record revealed that plaintiff's past, present, and reasonably reliable future resources were not sufficient to meet all of the monthly payment obligations to NCT while maintaining a minimum standard of living. Accordingly, the BAP concluded on de novo review that excepting all of the obligations to NCT from discharge would be an undue hardship on plaintiff and, therefore, the BAP reversed and remanded for further proceedings.
Court Description: Bankruptcy Appellate Panel. Bankruptcy court erred in determining debtor's student loans were not dischargeable as she established that her past and present financial resources have been and are presently clearly insufficient to service the entire debt while maintaining a minimum standard of living, and there is no evidence to show she may have the possibility of earning a higher income in the future; as a result, the matter must be remanded to the bankruptcy court to determine whether debtor's present disposable income, if any, over the course of an entire year is sufficient to service any of the individual loan payments due NCT.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.