United States Department of Education v. Gerhardt

348 F.3d 89
CourtCourt of Appeals for the Fifth Circuit
DecidedOctober 23, 2003
DocketNo. 03-30040
StatusPublished
Cited by2 cases

This text of 348 F.3d 89 (United States Department of Education v. Gerhardt) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States Department of Education v. Gerhardt, 348 F.3d 89 (5th Cir. 2003).

Opinion

EDITH H. JONES, Circuit Judge:

Over a period of years, Jonathon Ger-hardt obtained over $77,000 in government-insured student loans to finance his education at the University of Southern California, the Eastman School of Music, the University of Rochester, and the New England Conservatory of Music. Ger-hardt is a professional cellist. He subsequently defaulted on each loan owed to the United States Government.

[91]*91In 1999, Gerhardt fíle¡d for Chapter 7 bankruptcy and thereafter filed an adversary proceeding seeking discharge of his student loans pursuant to 11 U.S.C. § 523(a)(8). The bankruptcy court discharged Gerhardt’s student loans as causing undue hardship. On appeal, the district court reversed, holding that it would not be an undue hardship for Gerhardt to repay his student loans. Finding no error, we affirm the district court’s judgment.

I. STANDARD OF REVIEW

We review the decision of a district court, sitting as an appellate court, by applying the same standards of review to the bankruptcy court’s findings of fact and conclusions of law as applied by the district court. In re Jack/Wade Drilling, Inc., 258 F.3d 385, 387 (5th Cir.2001). Generally, a bankruptcy court’s findings of fact are reviewed for clear error and conclusions of law are reviewed de novo. Williams v. IBEW Local 520 (In re Williams), 337 F.3d 504, 508 (5th Cir.2003).

Whether courts review the “undue hardship” determination de novo is a matter of first impression in this circuit. A number of our sister circuits have confronted this precise issue, determining that the dischargeability decision is a question of law subject to de novo review. See In re Long, 322 F.3d 549, 553 (8th Cir.2003); In re Rifino, 245 F.3d 1083, 1086-87 (9th Cir.2001); In re Brightful, 267 F.3d 324, 327 (3d Cir.2001); In re Hornsby, 144 F.3d 433, 436 (6th Cir.1998); In re Woodcock, 45 F.3d 363, 367 (10th Cir.1995); In re Roberson, 999 F.2d 1132, 1137 (7th Cir.1993); Brunner v. New York State Higher Educ. Serv. Corp., 831 F.2d 395, 396 (2d Cir.1987). Similarly, this court has held that determining dischargeability of a debt arising from a willful and malicious injury under 11 U.S.C. § 523(a)(6) is a question of law subject to de novo review. In re Williams, 337 F.3d at 508. The decision to discharge Gerhardt’s debts represents a conclusion regarding the legal effect of the bankruptcy court’s factual findings as to his circumstances. Thus, the district court correctly applied de novo review to the bankruptcy court’s dischargeability holding, and this court applies the same standard on appeal.

II. UNDUE HARDSHIP TEST

This circuit has not explicitly articulated the appropriate test with which to evaluate the undue hardship determination. The Second Circuit in Brunner crafted the most widely-adopted test. See In re Cox, 338 F.3d 1238, 1241 (11th Cir.2003); In re Ekenasi, 325 F.3d 541, 546 (4th Cir.2003); Rifino, 245 F.3d at 1087-88; Brightful, 267 F.3d at 327-28; Roberson, 999 F.2d at 1135-36. To justify discharging the debtor’s student loans, the Brunner test requires a three-part showing:

(1) that the debtor cannot maintain, based on current income and expenses, a “minimal” standard of living for [himself] and [his] dependents if forced to repay the loans; (2) that additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and (3) that the debtor has made good faith efforts to repay the loans. Brunner, 831 F.2d at 396.

Because the Second Circuit presented a workable approach to evaluating the “undue hardship” determination, this court expressly adopts the Brunner test for purposes of evaluating a .Section 523(a)(8) de-[92]*92cisión.1

A. Minimal Standard of Living

Under the first prong of the Brun-ner test, the bankruptcy court determined that Gerhardt could not maintain a minimal standard of living if forced to repay his student loans. Evidence was produced at trial that Gerhardt earned $1,680.47 per month as the principal cellist for the Louisiana Philharmonic Orchestra (“LPO”), including a small amount of supplemental income earned as a cello teacher for Tulane University. His monthly expenses, which included a health club membership and internet access, averaged $1,829.39. The bankruptcy court’s factual findings are not clearly erroneous. Consequently, we agree with the bankruptcy court’s conclusion of law, which we review de novo, that flows from these factual findings. Given that Gerhardt’s monthly expenses exceed his monthly income, he has no ability at the present time to maintain a minimal standard of living if forced to repay his loans.

B. Persisting State of Affairs

The second prong of the Brunner test asks if “additional circumstances exist indicating that this state of affairs is likely to persist [for a significant period of time].” Brunner; 831 F.2d at 396. “Additional circumstances” encompass “circumstances that impacted on the debtor’s future earning potential but which [were] either not present when the debtorf ] applied for the loans or [have] since been exacerbated.” In re Roach, 288 B.R. 437, 445 (Bankr.E.D.La.2003). This second aspect of the test is meant to be “a demanding requirement.” Brightful, 267 F.3d at 328. Thus, proving that the debtor is “currently in financial straits” is not enough. Id. Instead, the debtor must specifically prove “a total incapacity ... in the future to pay [his] debts for reasons not within [his] control.”2 In re Faish, 72 F.3d 298, 307 (3d Cir.1995) (quoting In re Rappaport, 16 B.R. 615, 617 (Bankr.D.N.J. 1981)).

Under the second prong of the test, the district court correctly concluded that Ger-hardt has not established persistent undue hardship entitling him to discharge his student loans. Gerhardt holds a masters degree in music from the New England Conservatory of Music. He is about 43 years old, healthy, well-educated, and has no dependents, yet has repaid only $755 of his over $77,000 debt.3

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