United States Tenth Circuit

In deciding whether a debtor's federal student loans constitute an "undue hardship" and thus are dischargeable, the bankruptcy court should consider 1) whether the debtor can maintain a minimal standard of living while repaying the loans, 2) whether this state of affairs is likely to persist for a significant portion of the repayment period, and 3) the debtor's good faith.

Appellate Information

• Decided 02/04/2004
• Published 02/04/2004

Judges

• PAUL KELLY, JR., Circuit Judge., Before KELLY, HENRY, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , Scott M. Browning and Craig R. Welling, Rothgerber, Johnson & Lyons, L.L.P., Denver, CO, for Appellant.


• For Appellees:
  
• Stephen R. Winship, Winship & Winship, P.C., Casper, WY, for Appellee.