Lilly

Lilly v. Illinois Student Assistance Commission (In re Lilly)

Good Law
2013 WL 489019·2013 Bankr. LEXIS 869·538 B.R. 45
United States Bankruptcy Court, Southern District of CaliforniaJanuary 31, 2013Bankruptcy No. 09-02666-LT7; Adversary No. 11-90470-CLCalifornia2,473 words

Opinion

Lead Opinion

Latham, J.

MEMORANDUM DECISION AND ORDER DENYING DIS-CHARGEABILITY

Plaintiff-Debtor Mark E. Lilly filed a Complaint under 11 U.S.C. § 523 (a)(8) to discharge his educational debt held by defendant Sallie Mae, Inc. (“Sallie Mae”). Because the court finds that Mr. Lilly’s circumstances do not indicate his hardship will likely persist for a significant portion of his repayment period and that he has not made a good faith effort to repay his loans, the educational debt to Sallie Mae is not dischargeable. The court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. §§ 157 (a), 157(b)(1), 157(b)(2)(I) and 1334(b).

I

Mr. Lilly filed a voluntary Chapter 7 petition in this court on March 3, 2009. [Case No. 09-02666-LT7, ECF No. 1.] He received a discharge on June 9, 2009. [Case No. 09-02666-LT7, ECF No. 14.] On October 5, 2011, Mr. Lilly filed the Complaint in this action seeking an “undue hardship” discharge of his educational debt to Sallie Mae. At that time, he held total student loan debt of approximately $276,370. [Sallie Mae Interrog. 13, ECF No. 75.] He currently owes Sallie Mae approximately $101,260. [Sallie Mae Deck 2 & Ex. B, ECF No. 70.] The court tried the case on…

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