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Staudenmaier v. Mae
Citation: 120 F. App'x 215Docket: No. 04-55429; BAP No. CC-03-1411-BKMa
Court: Court of Appeals for the Ninth Circuit; February 10, 2005; Federal Appellate Court
Timothy John Staudenmaier appeals the Bankruptcy Appellate Panel's decision, which upheld the bankruptcy court's denial of his petition to discharge student loans under 11 U.S.C. § 523(a)(8). The appellate jurisdiction is established under 28 U.S.C. § 158(d), with a de novo review for legal conclusions and clear error for factual determinations. The bankruptcy court's inclusion of all of Staudenmaier's income in its calculations was deemed appropriate. This included his wife's disability benefits, aligning with precedent established in United States Aid Funds, Inc. v. Pena. The court also evaluated Staudenmaier's disability and determined that it did not inhibit his ability to work full-time, referencing Pennsylvania Higher Education Assistance Agency v. Birrane. Additionally, Staudenmaier failed to demonstrate good faith efforts to repay his student loans. Ultimately, the court concluded that Staudenmaier did not satisfy any of the three prongs of the undue hardship test as articulated in In re Pena. The decision was affirmed, and the memorandum is not to be published or cited in future cases, per Ninth Circuit Rule 36-3.