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.