Defendants were awarded summary judgment and the student loan debt owed by Plaintiff Kidd was deemed non-dischargeable.  Defendants established that Plaintiff had not made good faith efforts to repay the loan, the third prong under the Brunner undue hardship test.  The Court considered Plaintiff’s failure to diligently search for work, failure to minimize expenses, incurring discretionary expenses while not making loan payments, never making a student loan payment, filing bankruptcy shortly after she received loan concessions through a state court suit, and not presenting evidence of seeking alternative repayment options.
Plaintiffs did not contest the facts but sought an equitable exception to the application of Brunner and the Court’s previously ruling that these debts qualified as student loan debts under § 523(a)(8)(A)(i). (Docket No. 61).  Plaintiffs asserted that a material dispute of fact existed as to the amount of the debt owing, but Defendants did not seek a sum certain judgment.  Instead, Defendants merely sought a non-dischargeability determination.