· 10/23/2003
United States Department of Education v. Gerhardt (In Re Gerhardt)
Citations
- 348 F.3d 89
- 2003 WL 22304784
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- \proving that the debtor is currently in financial straits is not enough.\
- “proving that the debtor is currently in financial straits is not enough.”
- stating that “nothing in the Bankruptcy Code suggests that a debtor may choose to work only in the field in which he was trained, obtain a low-paying job, and then claim it would be an undue hardship to repay his student loans.”
- “Because the Second Circuit presented a workable approach to evaluating the ‘undue hardship’ determination, 5 this court expressly adopts the Brunner test for purposes of evaluating a Section 523(a)(8) decision.”
- “This second aspect of the [Brunner] test is meant to be a ‘demanding requirement.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Reavley, Jones, Clement
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.