Kansas Bankruptcy Court Discharges Student Loan Debts In One Of Our Bankruptcy Cases

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In a recent case litigated by our law firm Phillips & Thomas LLC, a Kansas bankruptcy court discharged $234,046.00 of student loans in one of our bankruptcy cases.  The court found that our debtors had satisfied the “undue burden” standard with regard to most of their student loans and therefore entered a discharge for the majority of the student loans in question.

The case in question was adversary proceeding In Re Murray (Murray v. ECMC), Dist. of Kansas, Adv. No. 15-6099 (Filed Dec. 8, 2016).  In addition to the large amount of student debt that was wiped out, the outcome is significant because it demonstrates the fact that the Tenth Circuit (like many others) permits the partial discharge of student loans:  as the Court said, “[in the Tenth Circuit] discharge of student loans is not an all-or-nothing proposition.”

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With Bankruptcy Discharge, School Cannot Deny Transcript

Overland Park Bankruptcy Attorney

Can a school refuse to issue a transcript to a debtor who had wiped out his outstanding balance owed to the school in a bankruptcy case?  No.  A recent case demonstrates the power of the bankruptcy discharge in dealing with all types of collateral issues that might come about from the wiping out of debts in a case.

In In re Moore, 407 B.R. 855, 861 (Bankr. E.D. Va. 2009), the United States District Court for the Eastern District of Virginia found that Novus Law School violated a discharge injunction by refusing to issue a transcript or award a degree to Moore, a law student, until he paid his outstanding tuition balance, which had been discharged in Moore’s chapter 7 proceeding.

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