Barrett
Barrett v. United States Deparment of Education Direct Loan Servicing Center (In re Barrett)
Opinion
Lead Opinion
Novack, J.
MEMORANDUM DECISION AFTER TRIAL
On January 6, 2016, this court conducted a trial in the above adversary proceeding. All appearances were made on the record. Plaintiff Kevin Barrett (“Barrett”) seeks to discharge more than a quarter million dollars in student loan debt under Bankruptcy Code § 523(a)(8) on the ground that payment would constitute an undue hardship. The United States Department of Education (“DOE”) contends that Barrett has not met the onerous Brunner elements, and that he therefore cannot discharge his student debt. For the reasons stated below, Barrett is entitled to a full discharge of his student loan debt. The following constitutes this court’s findings of fact and conclusions of law under Federal Rule of Bankruptcy Procedure 7052.
THE FACTS
Barrett is 56 years old and an attorney licensed to practice in the State of California. He is not married, and has no children or other dependents. Barrett filed his Chapter 7 bankruptcy on August 26, 2014, and received his Chapter 7 discharge on December 10, 2014. Barrett, who represented himself herein, filed this adversary proceeding on November 3, 2014 against several defendants, including the DOE. Barrett dismissed…