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Discharge in Bankruptcy. Jon Goulet attended the University of Wisconsin in Eau Claire and Regis University in Denver, Colorado, from which he earned a bachelor

Discharge in Bankruptcy. Jon Goulet attended the University of Wisconsin in Eau Claire
and Regis University in Denver, Colorado, from which he earned a bachelors degree in history in
1972. Over the next ten years, he worked as a bartender and restaurant manager. In 1984, he
became a life insurance agent and his income ranged from $20,000 to $30,000. In 1989, however,
his agents license was revoked for insurance fraud, and he was arrested for cocaine possession.
From 1991 to 1995, Goulet was again at the University of Wisconsin, working toward, but failing
to obtain, a masters degree in psychology. To pay for his studies, he took out student loans
totaling $76,000. Goulet then returned to bartending and restaurant management and tried real
estate sales. His income for the year 2000 was $1,490, and his expenses, excluding a child-support
obligation, were $5,904. When the student loans came due, Goulet filed a petition for bankruptcy.
[Goulet v. Educational Credit Management Corp., 284 F.3d 773(7th Cir. 2002)]
a) On what grounds might the loans be dischargeable?
b) Should the court grant a discharge on these grounds? Why or why not?
c) Will Goulet be able to discharge his child support obligation in bankruptcy?
d) Bankruptcy courts attempt to balance the interests of both creditors and debtors in order to come
to a fair decision. Who is the debtor in this case? Who is the creditor? Would a discharge of student
loans be fair to both parties? Why or why not?

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