United States Tenth Circuit

Plaintiffs' student loan debt is reinstated where the bankruptcy court properly determined that their student loans did not impose an "undue hardship" as required by 11 U.S.C. Section 523 (a)(8), and in the absence of such a finding, lacked the power to grant a partial discharge.

Appellate Information

• Decided 06/30/2005
• Published 06/30/2005

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, ANDERSON, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Daniel Fisher, Educational Credit Management Corporation, St. Paul, MN, (Troy Gunderman, Educational Credit Management Corporation, St. Paul, MN, Scott M. Browning and Craig R. Welling, Rothgerber Johnson & Lyons, LLP, Denver, CO, with him on the briefs), appearing for Appellant.


• For Appellees:
  
• George M. Moore, Moore & Berkson, P.C., Albuquerque, NM, appearing for Appellees.