A reduced standard of living requires “more than a revealing of rigid earnings

USDE’s third, and you may finally, conflict in support of their motion so you’re able to you better think again is actually a general “catch-all” conflict that Court erred from inside the discharging Wheat’s student loan financial obligation because “the newest Legal didn’t fulfill Congress’s [sic] obvious purpose that the Personal bankruptcy Password § 523(a)(8) proscribe student loan discharges in every but the undesirable facts.” (Doc. 40). Not as much as eleven You.S.C. § 523(a)(8), student loan debt tends to be excepted out-of launch, except if a borrower can display that “aside from including debt from discharge . . . usually impose an excessive adversity on debtor and you can debtor’s dependents.” As established simply II.B.step 1. over, the fresh Eleventh Circuit adopted the three-prong test set out when you look at the Within the lso are Brunner, to possess determining whether with the exception of a financial obligation from release carry out demand an undue adversity to the a debtor. Into the re also Cox, 338 F.three-dimensional 1238; Into the re also Brunner, 831 F.2d 395. Appropriately, USDE’s conflict has no quality. Continue Reading