Rifino

Rifino v. United States (In re Rifino)

Good Law
260 F.3d 1083
United States Court of Appeals for the Ninth CircuitApril 13, 2001No. 99-35378California2,305 words

Opinion

Lead Opinion

Gould, J.

This case involves the undue hardship provision of 11 U.S.C. § 523 (a)(8). After debtor-appellant Rosemary Rifino (“Rifi-no”) filed an adversary proceeding seeking to discharge her student loan obligations, the bankruptcy court ruled that Rifino’s loans were dischargeable as an undue hardship pursuant to 11 U.S.C. § 523 (a)(8). The defendants, holders of Rifino’s student loan obligations, appealed to the district court, which reversed the bankruptcy court and reinstated Rifino’s loans. We have jurisdiction over Rifino’s appeal pursuant to 28 U.S.C. § 158 (d). We hold that the district court correctly determined that Rifino was not entitled to a discharge on undue hardship grounds, and affirm.

FACTS AND PROCEDURAL BACKGROUND

At the time of the bankruptcy adversary proceeding, Rifino was forty-one years old, and a single mother with a ten-year-old son. Rifino earned a Bachelor of Science degree from the University of Oregon in 1991 and a Master of Social Work (“MSW”) degree from the University of Washington in 1994. Rifino financed her education by acquiring federally insured student loans totaling approximately $69,000 from various lenders, including Sallie Mae, the University of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.