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· 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 CourtListener

Sourced 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.