DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

021426P.pdf   03/11/2003  Nanci Anne Long  v.  Educ. Credit Mgt.
   U.S. Court of Appeals Case No:  02-1426
   District of Minnesota   
Civil case - bankruptcy. The question of whether a bankruptcy court has correctly determined that repayment of student loan imposes an undue hardship is a legal question to be reviewed de novo by the appellate courts; Bankruptcy Appellate Panel erred in applying a clearly erroneous standard of review; in this circuit, undue hardship is evaluated under the totality-of-the-circumstances test set out in In re Andrews, 661 F.2d 702 (8th Cir. 1981), and bankruptcy courts are directed not to apply the three-part standard set forth in some Second Circuit cases; case remanded to the BAP for review under the de novo standard.