Type: Amicus
Date: January 29, 2021
Description: What is the proper test for determining undue hardship for the discharge of student loans.
Result: Petition denied, June 21, 2021.
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McCoy v. U.S.A., No. 20-886 (S.Ct.)
Posted by NCBRC - February 18th, 2021
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Munch v. Educ. Credit Mgmt Corp., No. 18-56300 (9th Cir.)
Posted by NCBRC - December 6th, 2019
Type: Amicus
Date: December 3, 2019
Description: Whether court misapplied the Brunner elements when addressing undue hardship in student loan case, and whether Brunner is outdated.
Result: Pending -
Navient Solutions, LLC v. McDaniel, No. 18-1445 (10th Cir.)
Posted by NCBRC - May 1st, 2019
Type: Amicus
Date: April 18, 2019
Description: Whether the bankruptcy court erred in ruling that the expression “an obligation to repay funds received as an educational benefit, scholarship or stipend” in 523(a)(8)(A)(ii) does not include a loan, so that the Chapter 13 debtors’ $107,467 debt for six Sallie Mae “Tuition Answer Loans” was discharged.
Result: PendingMcDaniel 10th Cir Amicus April 2019
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Educ. Credit Management Corp. v. Metz, No. 18-1281 (D. Kans)
Posted by NCBRC - February 20th, 2019
Type: Amicus
Date: January 29, 2019
Description: Whether the bankruptcy court erred in granting the debtor a partial discharge of her student loan debt, discharging all but the original principal balance of the loans.
Result: Judgment affirmed, May 2, 2019. -
Thomas v. Department of Educ., No. 18-11091 (5th Cir.)
Posted by NCBRC - November 13th, 2018
Type: Amicus
Date: November 5, 2018
Description: Whether the Brunner undue hardship test as applied in the Fifth Circuit is contrary to the language of the Code, and whether the Brunner test is obsolete in general.
Result: pending -
ECMC v. Murray, No. 16-2838 (D. Kans.)
Posted by NCBRC - April 28th, 2017
Type: Amicus
Date: April 27, 2017
Description: Whether, in student loan discharge case, income driven repayment plans are relevant to the issue of undue hardship.
Result: Affirmed, September 22, 2017. Debtor won. -
Acosta Conniff v. ECMC, No. 16-12884 (11th Cir.)
Posted by NCBRC - August 31st, 2016
Type: Amicus
Date: August 22, 2016
Description: Whether the debtor was entitled to hardship discharge of her student loans.
Result: Reversed and remanded, April 19, 2017. -
Murphy v. U.S. Dept. of Educ., No. 14-1691 (1st Cir.)
Posted by NCBRC - July 31st, 2015
Type: Amicus
Date: July 29, 2015
Description: Whether Brunner test for undue hardship is too severe and is obsolete.
Result: Voluntarily dismissed June 16,2016.
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HAVEN Act Guide
The Honoring American Veterans in Extreme Need Act of 2019 (“HAVEN Act”) excludes certain benefits paid to veterans or their family members from the definition of current monthly income (“CMI”) found in the Bankruptcy Code. The HAVEN Act amends § 101(10A) of the Bankruptcy Code and supplements the 2005 amendments to the Code that excluded other government benefits, such as social security income.
This Guide provides an overview of the HAVEN Act identifies benefits that are excluded, and answers frequently asked questions.
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