Student loans considered non-consumer debt?

[HHM]

I don't recall if we have touched on this here, but I seem to recall a post or two where student loans used for tuition or books are considered non-consumer debt for purposes of 707 means test issues (i.e. bypassing the means test).

I know of one case, [I]In re stewart[I] (the specific cite escapes) me that only mentions in "passing" that student loan debt used for tuition and books may be non-consumer debt. (as opposed to student loan debt used for housing and food, etc, would be consumer debt).

Anyone have any cases that support (or go against) that premise.

[justbroke]

In Re Stewart, 215 B.R at 460-61

In re Stewart, 175 F.3d 796, 807 (CA 10 1999). Dr. Stewart had $218,000 in student loan debt. The 10th Circuit left the door open on this issue: whether student loan debt is “consumer debt,” stating it was “unwilling to characterize the entire $218,000 as consumer debt” due “to the lack of evidence in the record and authority to guide us.” The opinion suggests that portion of student loan debt that went to “the actual cost of . . . tuition, books or other direct educational expenses” might be non consumer debt in contrast “to the portion of student loans used for personal, family and household expenses.” This highlights the importance of fully developing the factual record at trial which is often a problem for counsel in consumer cases.

http://www.abiworld.org/committees/n...stedPerson.pdf

Interesting that in In re Vianese, 192 B.R. 61 (Bankr. N.D.N.Y. 1996) it was found that a child's education loan was a consumer loan.