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Student Loan – Dischargeability; Undue Hardship

admin//July 16, 2012//

Student Loan – Dischargeability; Undue Hardship

admin//July 16, 2012//

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Where the bankruptcy court found that a debtor who sought to discharge his student loans had steady employment with a chance for advancement, received insurance benefits and periodic bonuses and tax refunds, and the record on appeal was sparse with regards to the family’s living expenses with no documentation of claimed mold exposure and related problems, and the court also found that the debtor would be qualify for the Income Contingent Repayment Plan, under the totality-of-the-circumstances the debtor did not meet his burden to show undue hardship and discharge was properly denied. Judgment affirmed.

12-6020 Nielsen v. ACS, Inc., appealed from Southern District of Iowa. Saladino, J.

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