EDUCATIONAL CREDIT MANAGEMENT CORP. v. JESPERSON

No. 07-3888.

571 F.3d 775 (2009)

EDUCATIONAL CREDIT MANAGEMENT CORPORATION, Claimant-Appellant, v. Mark Allen JESPERSON, Debtor-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 8, 2009.


Attorney(s) appearing for the Case

A.L. Brown, argued, St. Paul, MN, for appellant.

Monica Lynn Clark, argued, Douglas Paul, on the brief, Minneapolis, MN, for appellee.

Before LOKEN, Chief Judge, BYE and SMITH, Circuit Judges.


LOKEN, Chief Judge.

Mark Allen Jesperson, a recently licensed Minnesota attorney, petitioned for Chapter 7 bankruptcy relief in October 2005 and commenced this core proceeding against his student loan creditors, seeking an undue hardship discharge of substantial student loan debts, which would otherwise be non-dischargeable under 11 U.S.C. § 523(a)(8). The bankruptcy court concluded that Jesperson's student loan debts "constitute an undue hardship ... and are...

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