Piccinino v. U.S. Department of Education, No. 17-6022 (8th Cir. 2017)Annotate this Case
The Bankruptcy Appellate Panel affirmed the bankruptcy court's determination that debtor failed to meet her burden of proof to establish an undue hardship pursuant to 11 U.S.C. 523(a)(8) to discharge her student loans. The panel held that the bankruptcy court did not err in dividing her federal tax refund by each month in the year and including it as monthly income; based upon the evidence of her age, health, skill sets and abilities, debtor failed to meet her burden to demonstrate that her future employment opportunities will not result in higher wages and full time employment; and the bankruptcy court's finding that debtor had sufficient income in excess of her expenses to make modest monthly payments to her lenders was amply supported by the evidence.