Student loans-Court Decision regarding dischargeability

[ccsjoe]

OK, admittedly I know nothing of student loans, just ran across this and have always heard Brunner but not Pena, so I thought I'd throw it out here to see if it benefited anyone. However, I've heard references that the test itself is quasi-draconian and almost impossible to pass....which under this ruling does not really seem to be the case, unless I'm reading wrong.

[chrisdfw]

Pena is the case where Brunner was first cited in the 9th circuit if I understand correctly, that is the same
test as far as I can see.

[ccsjoe]

While researching about the bankruptcy judge we were assigned, I ran across this decision that appears to take into account the Pena test instead of Brunner. Granted, I do not know much at all about this, but thought I'd post it in case it helps someone. In this case, the court declared the student loan dischargeable, BUT the relevance is that the tests used to measure dischargeability were not as extreme as I've seen posted here regarding Brunner.

Hope this helps someone.

http://www.canb.uscourts.gov/files/decisionaftertrial.pdf

And here's the court's decision on the challenege, upholding the dischargeability.

http://www.canb.uscourts.gov/files/castillorecond.pdf