McCoy v. United States
Petition for certiorari denied on June 21, 2021
Issue: Whether the U.S. Court of Appeals for the 5th Circuit erred in applying the test from Brunner v. New York State
Higher Education Services Corp., which prohibits discharge unless the
debtor can prove, among other things, a “total incapacity” to repay the debt in the future, instead of the
totality test to determine whether a debtor would suffer an “undue hardship” absent discharge of her student loan debt.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Dec 30 2020 | Petition for a writ of certiorari filed. (Response due February 3, 2021) |
| Jan 11 2021 | Motion to extend the time to file a response from February 3, 2021 to March 5, 2021, submitted to The Clerk. |
| Jan 13 2021 | Motion to extend the time to file a response is granted and the time is extended to and including March 5, 2021. |
| Jan 29 2021 | Brief amici curiae of National Consumer Bankruptcy Rights Center and National Association of Consumer Bankruptcy Attorneys filed. |
| Feb 02 2021 | Brief amici curiae of Consumer Bankruptcy and Student Loan Academics filed. |
| Feb 03 2021 | Brief amicus curiae of Center for Responsible Lending filed. |
| Feb 12 2021 | Motion to extend the time to file a response from March 5, 2021 to April 5, 2021, submitted to The Clerk. |
| Feb 16 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including April 5, 2021. |
| Mar 29 2021 | Motion to extend the time to file a response from April 5, 2021 to May 7, 2021, submitted to The Clerk. |
| Mar 29 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including May 7, 2021. |
| May 07 2021 | Brief of respondent United States in opposition filed. |
| May 13 2021 | Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 25, 2021 to June 1, 2021, submitted to The Clerk. |
| May 17 2021 | Motion to delay distribution of the petition for a writ certiorari until June 1, 2021 granted. |
| May 28 2021 | Reply of petitioner Thelma G. McCoy filed. (Distributed) |
| Jun 01 2021 | DISTRIBUTED for Conference of 6/17/2021. |
| Jun 21 2021 | Petition DENIED. |
