Nys

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

In re: LORNA KAYE NYS,  Debtor, No. 04-16007 EDUCATIONAL CREDIT MANAGEMENT BAP No.

CORPORATION,  NC-03-01438-

Appellant, MaMcP v. OPINION

LORNA KAYE NYS,

Appellee.  Appeal from the Ninth Circuit Bankruptcy Appellate Panel Perris, McManus, and Marlar, Bankruptcy Judges, Presiding

Argued and Submitted February 15, 2006—San Francisco, California

Filed April 26, 2006

Before: Stephen Reinhardt, Richard A. Paez, and Richard C. Tallman, Circuit Judges.

Opinion by Judge Tallman

4763 4766 IN RE: NYS

COUNSEL

Miriam Hiser, San Francisco, California; Curtis P. Zaun, Edu- cational Credit Management Corporation, St. Paul, Minne- sota, for the appellant.

Christopher G. Metzger, Eureka, California, for the appellee.

OPINION

TALLMAN, Circuit Judge:

Debtor-Appellee Lorna Kaye Nys (“Nys”) filed an adver- sary complaint in bankruptcy court to have her student loans discharged under 11 U.S.C. § 523(a)(8). The trial court found from the evidence that Nys’s current income is “not nearly enough to pay off her…