Page v. National Collegiate Student Loan Trust, No. 18-6011 (8th Cir. 2018)Annotate this Case
The Bankruptcy Appellate Panel reversed the district court's denial of debtor's motion for summary judgment seeking a discharge of her NCSLT debt under 11 U.S.C. 523(a)(8). The panel held that the district court made ample findings based on undisputed facts to support its conclusion that the loan was an educational loan within the meaning of section 523(a)(8)(A). However, the panel held that the bankruptcy court's inference in NCST's favor that TERI "funded" the loan was not reasonable because it was not supported by the evidence. Therefore, the panel remanded the issue regarding TERI's guarantee of the loan and funding of the program for further consideration.