Writ of Certiorari Sought in Student Loan Case

Tetzlaff v. Educational Credit Management Corp.

Pending petition

Docket No. Op. Below Argument Opinion Vote Author Term
15-485 7th Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether the Brunner test is the proper standard for determining “undue hardship” for the discharge of student loan debt; and (2) whether, if the Brunner test is the proper standard, that test should be (i) modified to eliminate the requirement that a debtor in the past have “made a good faith effort to repay the loans,” and (ii) clarified to establish that a debtor need only prove by a preponderance of the evidence that his inability to pay is “ likely to persist for a significant portion of the repayment period,” not that there is a “certainty of hopelessness.”

Date Proceedings and Orders
Oct 15 2015 Petition for a writ of certiorari filed. (Response due November 16, 2015)
Nov 10 2015 Order extending time to file response to petition to and including December 16, 2015.

Leave a Reply

× 6 = twelve