From our private database of 14,100+ case briefs...
Educational Credit Management Corporation v. Jesperson
United States Court of Appeals for the Eighth Circuit
571 F.3d 775 (2009)
Mark Jesperson (plaintiff) owed one of his creditors, Educational Credit Management Corporation (ECMC), over $300,000 for student loans. Jesperson also owed over $50,000 in student loans to other creditors. Jesperson had not repaid any part of these loans. Jesperson made approximately $4,000 per month in gross income and estimated that he was likely in an income-tax bracket of 33 percent. Jesperson lived with his brother rent-free, but Jesperson estimated that his rent should have cost $500 per month. Jesperson was eligible for a Department of Education Income Contingent Repayment plan (ICRP) that would allow him to repay these debts in payments that could vary annually based on his income. Jesperson petitioned for chapter 7 bankruptcy, seeking an undue-hardship discharge for his student-loan debts. The bankruptcy court accepted Jesperson’s tax-bracket and future housing cost estimates and concluded that he had no surplus income. The bankruptcy court ruled that Jesperson had an undue hardship and discharged his loans. The district court affirmed. ECMC appealed the final judgment.
Rule of Law
Holding and Reasoning (Loken, C.J.)
Concurrence (Smith, J.)
Concurrence/Dissent (Bye, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 222,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.