In the Matter of: TROY A. SKIPWORTH SSN: XXX-XX-1848, Debtor(s). TROY A. SKIPWORTH, Plaintiff(s), v. CITIBANK STUDENT LOAN CORPORATION, Defendant(s)., 2010 Bankr. LEXIS 1201

Summary

The debtor alleged that his obligation was not a student loan for purposes of § 523(a)(8). While the debt was not a government insured student loan under § 523(a)(8)(A)(i) or a qualified educational loan as defined in 26 U.S.C.S. § 221(d)(1) for purposes of 11 U.S.C.S. § 523(a)(8)(B), the court found that it was a debt to repay funds received as an educational benefit under § 523(a)(8)(A)(ii). The debtor admitted that the loan was incurred for the purpose of paying for his state bar exam review course, and the creditor’s disclosure statement reflected that the bar study loan was given to him while he was enrolled as a third year law student. Thus, it was not dischargeable in the absence of a showing of undue hardship. The debtor failed to prove undue hardship by a preponderance of the evidence, as there was no showing that he made a good faith effort to repay his student loan, that he could not maintain a minimal standard of living if forced to repay the loan after receiving his ...