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court misapplied the Brunner elements when addressing undue hardship in student loan case, and whether Brunner is outdated.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hardship test as applied in the Fifth Circuit is contrary to the language of the Code, and whether the Brunner test is obsolete in general.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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