Education Credit Management Corp. v. Howe (In Re Howe)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that unadjusted IRS Standards do not provide for certain expenses courts have recognized as necessary to maintenance of minimal standard of living
• determining that bankruptcy court should have conducted an individualized analysis of debtor’s expenses under § 523(a)(8) instead of simply adopting IRS collection standards to establish amount debtor needed for minimal standard of living
• using the IRS standards as an aid in determining a minimal standard of living for the “undue hardship” test required to discharge a student loan under section 523(a)(8)
• rejecting a rule that a person must fall below the poverty guidelines to discharge a student loan
• rejecting a rule that a person must fall below the poverty guidelines to discharge a student loan
• allowing the debtor a $203 monthly expense for saving to replace failing car

Source: CourtListener parenthetical corpus (CC0).