In re SHERYL LYNN FULLER NASCIMENTO, Debtor. UNITED STUDENT AID FUNDS, INC., Appellant, v. SHERYL LYNN FULLER NASCIMENTO, Appellee., 241 B.R. 440

Summary

Appellee, a debtor in bankruptcy, sought to discharge student loans she owed to appellant. Examining appellee's expenses and income, bankruptcy court found the loans were dischargeable, as appellee's child support obligations could increase. Court rejected this finding, and, applying three-prong test to determine the dischargeability of appellee's student loans, held appellee failed to prove that she could not maintain a minimal standard of living if forced to repay the loans. According to court, appellee's other expenses could be reasonably be reduced, allowing her to make the monthly loan payments. Thus, court refused to discharge the obligation.