Discharge - Court had to consider income of debtor's spouse in conducting student loan dischargeability analysis. A Chapter 7 debtor could not satisfy the first, or "minimal standard of living," prong of the Brunner test, and was not entitled to an "undue hardship" discharge of his more than $103,000 in student loan debt. The combined net monthly income of debtor and his wife, in the amount of $6,000, exceeded their monthly expenses of $3,846.99 by more than $2,000. In assessing whether the debtor had ability, based on his current circumstances, to repay his student loan debt while still maintaining a minimal standard of living for himself and his dependents, as required by the first prong of Brunner, the court had to consider the income both of the debtor and his nondebtor-wife and had to compare their joint income to their total household expenses.
Saturday, December 8, 2007
In re Wynn
Posted by Rachel Lynn Foley at 8:05 PM
Labels: Brunner test, MSSD, student loan, undue hardship
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