Topic: the factual question is whether there is undue hardship at … · Go Syfert
← All topics

Topic #34497

3 canonical passages across 2 cases, quoted by 10 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from In Re: Paul F. Bender Lee E.J. Bender, Debtors. Lee E.J. Bender v. Educational Credit Management Corporation.

#Case FlagCanonical passage Citers
1 In Re: Paul F. Bender Lee E.J. Bender, Debtors. Lee E.J. Bender v. Educational Credit Management Corporation Anchor
ca8 · 2004
green “the factual question is whether there is undue hardship at the time of discharge, not whether there is undue hardship at the time that a 523(a)(8) proceeding is commenced.” 4
2 In Re Dennis Leroy Saxman, Debtor, Dennis Leroy Saxman v. Educational Credit Management Corporation, and Department of Education
ca9 · 2003
green “(1) that she cannot maintain, based on current income and expenses, a 'minimal' standard of living for herself and her dependents if forced to repay the loans; (2) that additional circumstances exist indicating that this state of affairs is likely to persist for a significant po…” 3
3 In Re Dennis Leroy Saxman, Debtor, Dennis Leroy Saxman v. Educational Credit Management Corporation, and Department of Education
ca9 · 2003
green “the debtor has made good faith efforts to repay the loans,” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

← Caselaw search · Hot / Trending / Newly red · Brief Check