United States Ninth Circuit

In an appeal from a bankruptcy court order declining to discharge debtor's student loan in bankruptcy under 11 U.S.C. section 523(a)(8) based on undue hardship, the order is vacated where it was unclear from the record how the bankruptcy court arrived at its conclusion regarding debtor's ability to make the required monthly payments.

Appellate Information

• Argued 06/12/2009
• Decided 08/26/2009
• Published 08/26/2009

Judges

• TROTT, Judge:, Before: STEPHEN S. TROTT, M. MARGARET McKEOWN and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kasey C. Nye, Quarles & Brady, LLP, Tucson, AZ, for the appellant.


• For Appellees:
  
• Madeleine C. Wanslee, Gust Rosenfeld P.L.C., Phoenix, AZ, and A.L. Brown, Oakdale, MN, for the appellee.