Alan and Catherine Murray filed a voluntary petition under Chapter 13 in September 2014. The Murrays had
Question:
Alan and Catherine Murray filed a voluntary petition under Chapter 13 in September 2014. The Murrays had student loans totaling \($77,524\) in principal and more than \($200,000\) in accrued interest owing to Educational Credit Management Corporation (ECMC). The Murrays made regular payments and were never late, but the amount of their payments was insufficient to service the interest accruing at 9 percent annually on the principal and accrued interest. Interest payments alone accrued at the rate of \($65.89\) per day. The Murrays claimed that they could not meet a minimal standard of living if they were forced to repay the principal amount of the student loans plus the accrued interest.
The Murrays had a monthly net income of \($6,100\) and monthly expenses of \($4,442\) resulting in disposable monthly income of \($1,658\) at the time of their bankruptcy filing. This amount included no funds for emergencies, no savings for a down payment on a home, no savings for retirement, no vacations, and \($50\) per month for entertainment other than cable television. ECMC opposed their request to discharge the interest payments. How should the court apply the undue hardship factors identified in the Case Opener to these facts? Should the Murrays receive a full or partial discharge of their student loan obligations?
Step by Step Answer:
Dynamic Business Law
ISBN: 9781260733976
6th Edition
Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs