Marie Brunner v. New York State Higher Education Services Corp.

How courts have described this case

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

• holding that even the lower undue hardship standard requires the debtor to show that he cannot maintain a “minimal” standard of living if forced to repay the loans
• noting that whether debtor suffers \undue hardship\ under 11 U.S.C. S 523(a)(8) is a conclusion regarding the legal effect of the bankruptcy court's factual findings
• holding that the inquiry is based on debtor’s “current income and expenses.”
• finding that the debtor lacked good faith in attempting to discharge debt because she had failed to seek a deferment on her loan
• holding that the debtor had failed to carry her burden under the second prong because, inter alia, “[s]he is not disabled, nor elderly,” and “[n]o evidence was presented indicating a total foreclosure of job prospects in her area of training”
• finding that the debtor, a Master’s degree holder, showed no evidence of “a total foreclosure of job prospects in her area of training”

Source: CourtListener parenthetical corpus (CC0).