Exceptions to Discharge. Between 1988 and 1992, Lorna Nys took out thirteen student loans, totaling about $30,000,

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Exceptions to Discharge. Between 1988 and 1992, Lorna Nys took out thirteen student loans, totaling about $30,000, to fi nance an associate of arts degree in drafting from the College of the Redwoods and a bachelor of arts degree from Humboldt State University (HSU) in California. In 1996, Nys began working at HSU as a drafting technician. As a “Drafter II,” the highestpaying drafting position at HSU, Nys’s gross income in 2002 was

$40,244. She was fi fty-one years old, her net monthly income was $2,299.33, and she had $2,295.05 in monthly expenses, including saving $140 for her retirement, which she planned for age sixty-fi ve. When Educational Credit Management Corp.

(ECMC) began to collect payments on Nys’s student loans, she fi led a Chapter 7 petition in a federal bankruptcy court, seeking a discharge of the loans. ECMC argued that Nys did not show any “additional circumstances” that would impede her ability to repay. What is the standard for the discharge of student loans under Chapter 7? Does Nys meet that standard? Why or why not? [In re Nys, 446 F.3d 938 (9th Cir. 2006)]

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Business Law Today

ISBN: 9780324786521

9th Edition

Authors: Roger LeRoy Miller, Gaylord A Jentz

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