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Home / Opinion Digests / Bankruptcy – Dischargeability Of Debt – Student Loan – Undue Hardship – HIV Status (access required)

Bankruptcy – Dischargeability Of Debt – Student Loan – Undue Hardship – HIV Status (access required)

A district court reverses a bankruptcy judge's decision denying a discharge of student loan debt to a debtor diagnosed as paranoid-schizophrenic and HIV-positive, who the bankruptcy court said failed to meet the "undue hardship" requirement of 11 U.S.C. Sect. 523(a)(8) to discharge his student loan obligations. The bankruptcy court denied a discharge, finding that debtor ...

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