Order After Trial. Plaintiff sought to determine the dischargeability of certain student loans pursuant to 11 U.S.C. § 523(a)(8). Defendants Educational Credit Management Corp. and National Collegiate Student Loan Trust carried the initial burden of proving that the loans they held fell within the scope of section 523(a)(8). The burden of proof then shifted to the Plaintiff to prove that repayment of the loans would cause him to suffer “undue hardship”. A substantial pay raise shortly after the petition date prevented the Plaintiff from proving that repayment of the loans would deprive him of a minimal standard of living. Furthermore, the Plaintiff failed to show the existence of additional circumstances that would cause his previously poor financial condition to persist. Finally, the Court could not conclude that the Plaintiff had acted in good faith by continuing to not pay his loans after receiving an increase in income. Therefore, the Court held that the Plaintiff’s student loans were non-dischargeable.
Date:
09/16/2016