Defendants were awarded summary judgment because the stipulated facts for each debtor showed that they could not meet the undue hardship standard applicable in this circuit - the Brunner test. 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.
File:
Date:
04/02/2012
