Student Loans and Hardship Discharge – Krieger v. Educational Credit Management Corp.

By Michaela White, NACTT Academy Editor & Advisor and Professor of Law, Creighton University School of Law

The Seventh Circuit recently decided that the fact a debtor did not avail herself of certain non-bankruptcy plans like the William D. Ford Income-Based Repayment Plan (IBR) did not preclude a finding of discharge based on undue hardship.  Krieger v. Educational Credit Management Corp. 7th Cir., No. 12 -3592 (4/10/13).  To deny discharge under the Brunner test, the Court must find that the . . .

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