From the Editor – Discharge

By The Honorable William Houston Brown (Retired)

Ineligibility for loan restructure supported § 523(a)(8) undue hardship. The Chapter 13 debtor had cosigned student loans for former spouse, and the facts that the debtor was not the borrower and that the loans were not government-issued prevented the debtor’s eligibility to restructure the loans under the extended loan repayment provisions of 34 C.F.R. § 685.208. Therefore, the Brunner test was satisfied for undue hardship purposes. The Education Resources Institute, Inc. v. Zumbro (In re Zumbro), ___ Fed.Appx. ____, 2013 WL . . .

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