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IN RE MERSMANN

Nos. 05-3013, 05-3024.

505 F.3d 1033 (2007)

In re Patti Jan MERSMANN, Debtor, Educational Credit Management Corporation, Appellant, v. Patti Jan Mersmann, Appellee, United Student Aid Funds, Inc., and United States of America, Amici Curiae. In re Connie Ann Seiwert, Debtor, Connie Ann Seiwert, Appellant, v. Educational Credit Management Corporation, Appellee.

United States Court of Appeals, Tenth Circuit.

September 24, 2007.

Attorney(s) appearing for the Case

Daniel Fisher, Educational Credit Management Corporation, St. Paul, Minnesota (Scott M. Browning and Craig R. Welling, Rothgerber Johnson & Lyons LLP, Denver, CO, with him on the briefs) for Appellant in 05-3013.

John R. Hooge, Attorney at Law, Lawrence, KS, for Appellee in 05-3013.

Peter R. Maier, Appellate Staff (Leonard Schaitman Appellate Staff, and Peter D. Keisler, Assistant Attorney General, with him on the brief) Civil Division, Department of Justice, Washington, D.C., for Amicus Curiae United States in 05-3013.

Mac D. Finlayson, Morrel, West, Saffa, Craige & Hicks, Inc., Tulsa, OK, on the brief for Amicus Curiae United Student Aid Funds, Inc. in 05-3013.

Lynn D. Lauver, Attorney at Law, Topeka, KS, on the brief for Appellant in 05-3024.

Daniel Fisher, Educational Credit Management Corporation, St. Paul, Minnesota, Scott M. Browning and Craig R. Welling, Rothgerber Johnson & Lyons LLP, Denver, CO, on the brief for Appellee in 05-3024.

Before TACHA, Chief Judge, SEYMOUR, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, TYMKOVICH, and HOLMES, Circuit Judges.

TYMKOVICH, Circuit Judge.

I. Introduction

These appeals ask us to reconsider our Circuit's precedent concerning the discharge in bankruptcy of student loan debts. Under the Bankruptcy Code, student loans are non-dischargeable unless the student-debtor proves that continued payment is an "undue hardship." 11 U.S.C. § 523(a)(8). Since 1999, we have allowed students to establish undue hardship simply by submitting language in a proposed Chapter 13 plan...

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