Editor's Note :

Editor's Note :

We expect orders from the April 21 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, April 25.
On Monday the court hears oral argument in McWilliams v. Dunn. Amy Howe has our preview.
On Monday the court also hears oral argument in Davila v. Davis. Steve Vladeck has our preview.

Tetzlaff v. Educational Credit Management Corp.

Petition for certiorari denied on January 11, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
15-485 7th Cir. N/A N/A N/A N/A OT 2015

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.”

DateProceedings and Orders
Oct 15 2015Petition for a writ of certiorari filed. (Response due November 16, 2015)
Nov 10 2015Order extending time to file response to petition to and including December 16, 2015.
Dec 16 2015Brief of respondent Educational Credit Management Corporation in opposition filed.
Dec 21 2015Reply of petitioner Mark Warren Tetzlaff filed.
Dec 22 2015DISTRIBUTED for Conference of January 8, 2016.
Jan 11 2016Petition DENIED.
 
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