United States Eighth Circuit

In assessing whether repayment of a student loan imposes an undue hardship, the Bankruptcy Appellate Panel erred in applying a clearly erroneous standard of review, and should have evaluated undue hardship under a totality-of-the-circumstances test.

Appellate Information

• Decided 03/11/2003
• Published 03/11/2003

Judges

• SMITH, Circuit Judge., Before McMILLIAN, BOWMAN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Daniel S. Fisher, argued, St. Paul, MN, for appellant.


• For Appellees:
  
• Matthew Drewes, argued, Oakdale, MN, for appellee.