In Re: Nanci Anne Long Debtor. Nanci Anne Long v. Educational Credit Management Corporation

How courts have described this case

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

• holding that the statutory language of § 523(a)(8) contains \inherent discretion\ and that \fairness and equity require each undue hardship case to be examined on the unique facts and circumstances that surround the particular bankruptcy\
• holding ques- tion of \undue hardship\ for discharge of educational loans reviewed de novo
• affirming the “totality of the circumstances” test and declining to follow Brunner, while acknowledging that other circuits have adopted Brunner
• rejecting clearly erroneous review standard applied by the Eighth Circuit Bankruptcy Appellate Panel
• undue hardship determination \requires a conclusion regarding the legal effect of the Bankruptcy Court's findings as to [the debtor's] circumstances\
• undue hardship determination “requires a conclusion regarding the legal effect of the Bankruptcy Court’s findings as to [the debtor’s] circumstances”

Source: CourtListener parenthetical corpus (CC0).