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In re Bronsdon

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Before Haines, Lamoutte, and Tester, United States Bankruptcy Appellate Panel Judges.

This appeal arises out of an adversary proceeding filed by Denise Bronsdon (the “Debtor”) seeking to discharge her student loan obligations to Educational Credit Management Corporation (“ECMC”) on the grounds of undue hardship pursuant to § 523(a)(8).*fn1 The bankruptcy court initially concluded that repayment of the student loans would impose an undue hardship on the Debtor and discharged the loans.*fn2 On appeal, the U.S. District Court for the District of Massachusetts (the “district court”) vacated the bankruptcy court’s decision and remanded the matter to the bankruptcy court to consider the impact that participation in the William D. Ford Federal Direct Loan Program (the “Ford Program”) would have on the undue hardship analysis.*fn3 On remand, the bankruptcy court concluded that the Debtor’s failure to participate in the Ford Program was insufficient to overcome a finding of undue hardship under § 523(a)(8), and again discharged the loans.*fn4 ECMC appealed.

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