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In re McDaniel, Case No. No. 18-1445, — F.3d — (10th Cir. Aug. 31, 2020)

Aug 31, 2020

In this bankruptcy case, the creditor maintained that its student loans were exempted from discharge, absent a showing of undue hardship.  The Tenth Circuit disagreed and, as a matter of first impression, held that the statutory exception for an “educational benefit” under section 523(a)(8)(A)(ii) of the bankruptcy code did not encompass private student loans.