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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 (key to color coding)
10/15/2015Petition for a writ of certiorari filed. (Response due November 16, 2015)
11/10/2015Order extending time to file response to petition to and including December 16, 2015.
12/16/2015Brief of respondent Educational Credit Management Corporation in opposition filed.
12/21/2015Reply of petitioner Mark Warren Tetzlaff filed.
12/22/2015DISTRIBUTED for Conference of January 8, 2016.
01/11/2016Petition DENIED.