From http://www.abajournal.com/news/article/7th_circuit/
By Martha Neil
A “destitute” paralegal who has made reasonable efforts to repay her student loan debt is entitled to a bankruptcy discharge of the remaining $25,000 or so despite the fact that she never enrolled in a federal income-contingent repayment plan, a federal appeals court has ruled.
Reinstating a bankruptcy court’s determination that Susan M. Krieger is entitled to the discharge and reversing a federal district court’s decision to the contrary, the Chicago-based 7th U.S. Circuit Court of Appeals said the bankruptcy court had discretion to decide whether requiring Krieger to repay the student loan debt would be an undue hardship.
In a Wednesday opinion (PDF) authored by Judge Frank Easterbrook, the 7th Circuit also said that requiring Krieger to enroll in the income-contingent repayment plan as a show of good faith, was contrary to the purpose of bankruptcy law.