United Student Aid Funds Inc. v. Taylor (In Re Taylor)

How courts have described this case

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

• holding that partial discharges are contrary to plain language of statute
• Issue of Chapter 13 debtors' student loan debt on basis of undue hardship may be adjudicated at any time, including before completion of debtors' plan payments.
• a bankruptcy court cannot use its equity powers to circumvent specific statutory provisions making certain debts non-dischargeable
• “[B]ecause the plain language of § 523(a)(8) implies that only the entire debt can be discharged for undue hardship, and because Congress expressly limited the extent of a debt’s discharge in other subsections of § 523, we hold that § 523(a)(8
• It was significant to the court that the phrase “to the extent,” as found in § 523(a)(2), (a)(5), and (a)(7), was not used in § 523(a)(8). The court then held that the absent phrase unambiguously precluded a partial discharge in § 523(a)(8).
• prohibiting partial discharge under § 523(a)(8)

Source: CourtListener parenthetical corpus (CC0).