In re Gerhardt

348 F.3d 89 (2003)

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In re Gerhardt

United States Court of Appeals for the Fifth Circuit
348 F.3d 89 (2003)

Facts

Jonathon Gerhardt (debtor) was a professional cellist who had obtained $77,000 in government-insured student loans to pay for his undergraduate and graduate-level music education. Gerhardt was the principal cellist for the Louisiana Philharmonic Orchestra and earned $1,680.47 per month. In the orchestra’s off-season, Gerhardt collected unemployment but attended a music festival in Colorado. Gerhardt’s monthly expenses, including a gym membership and internet, totaled $1,829.39. Gerhardt was healthy and had no dependents. After repaying only $755 of his student loans, Gerhardt defaulted and subsequently filed for Chapter 7 bankruptcy. Gerhardt then sought the discharge of his student loans under 11 U.S.C. § 523(a)(8), asserting that repaying the loans would be an undue hardship. The bankruptcy court found undue hardship and discharged the student loans, but the district court reversed. Gerhardt appealed.

Rule of Law

Issue

Holding and Reasoning (Jones, J.)

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Casebooks

Bankruptcy

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