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Laurie Lee Moore v. U.S. Dep't of Educ. (In re Moore), Ch. 7, BK05-83978-TJM, A06-8095-TJM (June 25, 2008)

The debtor filed this adversary proceeding to discharge student loan debt. After negotiating with the holder of the student loans, she executed a promissory note for a consolidated income-contingent student loan. She subsequently realized that she had misunderstood the terms of the loan, believing that she was not required to make payments when she was unemployed and had no income. However, she learned that the repayment amount was based on her total family income, so – because her husband was earning income – she was expected to make monthly payments. The debtor then amended her adversary complaint in an attempt to discharge the consolidation loan.
The court granted the defendant’s motion to dismiss because debts incurred post-petition, as the consolidation loan was, are not subject to discharge.

Wednesday, June 25, 2008
Judge Timothy J. Mahoney (Retired)