Legal Opinion
Susan Krieger v. Educational Credit Management
Court of Appeals for the Seventh Circuit
Decided April 10, 2013No. 12-3592PublishedCited by 44 opinions
1Opinion of the Court
EASTERBROOK, Chief Judge.
Susan Krieger is destitute. Her entitlement to a discharge in bankruptcy is unquestioned. But her largest creditor — Educational Credit Management, which acts on behalf of some federal loan guarantors — asked the bankruptcy judge to exempt her student loans from the discharge, relying on 11 U.S.C. § 523(a)(8). This subsection excludes educational loans “unless excepting such debt from discharge under this paragraph would impose an undue hardship on the debtor”. We have understood this language this way:
“Undue hardship” requires a three-part showing (1) that the debtor…
2Cases cited8 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Pullman-Standard v. SwintSupreme Court of the United States · 1982
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Icicle Seafoods, Inc. v. WorthingtonSupreme Court of the United States · 1986
- In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
3 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Roth v. Educational Credit Management Corp. (In Re Roth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
- Mark W. Tetzlaff v. Educational Credit ManagementCourt of Appeals for the Seventh Circuit · 2015
- Michael Hedlund v. the Educational Resources InstCourt of Appeals for the Ninth Circuit · 2013
- Nightingale v. North Carolina State Education Assistance Authority (In re Nightingale)United States Bankruptcy Court, M.D. North Carolina · 2015
- Tuttle v. Educ. Credit Mgmt. Corp. (In re Tuttle)United States Bankruptcy Court, E.D. Wisconsin · 2019
39 more not listed; retrieve them via the Exa API.