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accident) as a basis for establishing that she could not maintain a minimal standard of living, and thus she should get a retroactive discharge of
accident) as a basis for establishing that she could not maintain a "minimal" standard of living, and thus she should get a retroactive discharge of her student loans. What benefit is there to her if she could successfully make the argument, given that she could-as the court noted-file for Chapter 13? The Bankruptcy Code provides financially distressed debtors with a fresh start by discharging most of their pre-petition debts. There is a presumption that educational loans extended by or with the aid of a governmental unit or nonprofit institution are nondischargeable unless the debtor can demonstrate that their repayment would be an undue hardship. This exception to a bankruptcy discharge ensures that student loans, which are typically extended solely on the basis of the student's future earnings potential, cannot be discharged by recent graduates who then pocket all of the future benefits derived from their education. The debtor bears the burden of proving by a preponderance of the evidence that she is entitled to a discharge of the student loan. That is, the debtor must prove that repayment of student loans will cause an undue hardship
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