In an appeal from a bankruptcy court order declining to discharge debtor’s student loan in bankruptcy under 11 U.S.C. section 523(a)(8) based on undue hardship, the order is vacated where it was unclear from the record how the bankruptcy court arrived at its conclusion regarding debtor’s ability to make the required monthly payments.

Read Craig v. Educational Credit Management Corp., No. 08-15451

Appellate Information

Argued and Submitted June 12, 2009

Filed August 26, 2009

Judges

Opinion by Judge Trott

Counsel

For Appellant:

Kasey C. Nye, Quarles & Brady, LLP, Tucson, AZ

For Appellee:

Madeleine C. Wanslee, Gust Rosenfeld P.L.C., Phoenix, AZ

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