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Amanda E. Wells v. U.S. Dep't of Educ. (In re Wells), Ch. 7, BK18-81617, A18-8339 (Feb. 25, 2020)

After a trial on the dischargeability of the debtor's student loan indebtedness, the court ruled that the debt was excepted from discharge because the plaintiff did not meet her burden of proving an undue hardship. Questions remain as to available sources of income for the debtor and her minor children, and whether certain expenses are necessary or likely to exist for the foreseeable future. The debtor is also eligible for an income-based repayment plan and, as an employee of a non-profit agency, may be eligible for a public service loan forgiveness program under which she could discharge her loan obligation after 10 years of payments. The totality of the debtor's circumstances weighed against discharge of this debt.

Date: 
Tuesday, February 25, 2020
Judge: 
Judge Thomas L. Saladino