DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
136034P.pdf 10/27/2014 Kathryn Nielsen v. ACS, Inc.
U.S. Court of Appeals Case No: 13-6034
and No: 13-6035
U.S. Bankruptcy Court for the Southern District of Iowa - Council Bluffs
[PUBLISHED] [Schermer, Author, with Federman, Chief Judge, and Saladino,
Bankruptcy Judge]
Bankruptcy Appellate Panel. Bankruptcy court ruling denying debtor's
request to discharge her student loans under 11 U.S.C. Sec. 523(a)(8) is
affirmed as debtor failed to meet her burden of proving repayment would
create an undue hardship; the bankruptcy court properly considered the
availability of and the debtor's failure to enroll in an Income Contingent
Repayment Plan in its totality-of-the-circumstances analysis and could
reject debtor's position that she had not applied for repayment plans due
to possible tax consequences.