You are here

Antoinette Marie Harris v. Windham Prof'ls (In re Harris), Ch. 7, BK13-41856, A14-4001 (Jan. 8, 2015)

After a trial on the dischargeability of the debtor's student loan indebtedness, the court ruled that the debt was excepted from discharge. The evidence indicated the debtor's income is likely to increase in the foreseeable future, as a result of higher salaries as well as a reduction in expenses. Several of the monthly expenses listed by the debtor are relatively short-term obligations, such as repayment of some small loans and support for a child in college In addition, the debtor's income tax withholding is higher than necessary and changing it would free up some cash as well. The debtor is also eligible for the income-based repayment plan and, as a public employee, the debtor is eligible for a public service loan forgiveness program, meaning she could complete payments in 10 years instead of 25, thereby averting the hardship of paying on student loans well past retirement age, and she may not be subject to an oppressive tax obligation for the forgiveness of the loan balance.

Date: 
Thursday, January 8, 2015
Judge: 
Judge Thomas L. Saladino