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102032P.pdf 08/18/2011 Michele Walker v. Educational Credit Manag.
U.S. Court of Appeals Case No: 10-2032
Appeal from the Bankruptcy Appellate Panel for the Eighth Circuit
[PUBLISHED] [Wollman, Author, with Murphy and Colloton, Circuit Judges]
Bankruptcy - discharge under section 523(a)(8). Educational Credit
Management Corporation appeals from discharge of student loan under
"undue hardship" provision of section 523(a)(8). It was not clear error to
consider debtor's financial condition from date of discharge to date
debtor sought undue hardship relief. No clear error not to calculate and
include husband's part time income in light of parties' stipulation. Even
considering errors in stipulated gross adjusted income figures, the
expenses outstrip available resources. Despite concerns about the
reasonableness of expenses, in light of overall circumstances, excepting
student loan debt from discharge would impose an undue hardship.
Judge Colloton concurs in the judgment.