United States Dep't of Educ. v. Gerhardt (In Re Gerhardt), 348 F.3d 89 (5th Cir. 2003). · Go Syfert
United States Dep't of Educ. v. Gerhardt (In Re Gerhardt), 348 F.3d 89 (5th Cir. 2003). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case, last quoted 2005 · …proving that the debtor is currently in financial straits is not enough. at p. 92
215 citation events (215 in the last 25 years) across 38 distinct courts.
Strongest positive: Little v. U.S. Department of Education (txnb, 2019-10-24)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Little v. U.S. Department of Education
Bankr. N.D. Tex. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the second circuit presented a workable approach to evaluating the 'undue hardship' determination, 5 this court expressly adopts the brunner test for purposes of evaluating a section 523(a)(8) decision.
examined Cited as authority (verbatim quote) In Re Sandra Jane Frushour, Debtor. Educational Credit Management Corporation v. Sandra Jane Frushour (4×) also: Cited as authority (rule)
4th Cir. · 2005 · signal: see · quote attribution · 2 verbatim quotes · confidence high
proving that the debtor is currently in financial straits is not enough.
discussed Cited as authority (quoted) Griffith v. Cleveland State University Student Loans (2×) also: Cited as authority (rule)
Bankr. N.D. Tex. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
this second aspect of the test is meant to be a 'demanding requirement.
discussed Cited as authority (rule) Garcia v. US Department of Education
Bankr. W.D. Tex. · 2025 · confidence medium
The Fifth Circuit first adopted the Brunner test in Gerhardt because it was “a workable approach to evaluating the undue hardship determination.” United States Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir. 2003) (internal quotations omitted); see also Thomas v. Dep’t of Educ.
discussed Cited as authority (rule) Bench v. Ed Financial Services
Bankr. W.D. Tex. · 2025 · confidence medium
A. Ability to Maintain, Based on Current Income and Expenses, a “Minimal” Standard of Living The first prong of the Brunner test “requires that a debtor prove he cannot afford reasonably necessary living expenses if he is forced to repay his student loans.”32 In making this determination, the Court considers “the debtor’s ‘actual circumstances and not hypothetical circumstances,’ which may include assistance 29 11 U.S.C. § 523 (a)(8). 30 United States Dept. of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir. 2003) (quoting Brunner v. New York State Higher Educ.
discussed Cited as authority (rule) Triumphant Gold Limited v. Matloff
N.D. Tex. · 2024 · confidence medium
As for the appeal’s questions of law, the Court applies a de novo standard of review. “[T]he decision to discharge . . . debt represents a conclusion regarding the legal effect of the bankruptcy court’s factual findings as to [the debtor’s] circumstances.” U.S. Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir. 2003).
discussed Cited as authority (rule) Triumphant Gold v. Matloff
5th Cir. · 2024 · confidence medium
We have previously held that “the decision to discharge . . . debts represents a conclusion regarding the legal effect of the bankruptcy court’s factual findings as to [the debtor’s] circumstances.” U.S. Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir. 2003).
discussed Cited as authority (rule) MIT Federal Credit Union v. Riggle (2×)
Bankr. E.D. Tex. · 2022 · confidence medium
U.S. Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir. 2003) (citing Brunner v. N.Y.
cited Cited as authority (rule) BVS Construction v. Prosperity Bank
5th Cir. · 2021 · confidence medium
Gerhardt, 348 F.3d at 91.
cited Cited as authority (rule) Adam Harrison Bryant - Adversary Proceeding
Bankr. D.C. · 2021 · confidence medium
Corp. v. Frushour (In re Frushour), 433 F.3d 393, 400 (4th Cir. 2005); U.S. Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir. 2003); Oyler v. Educ.
discussed Cited as authority (rule) Eady v. U.S.Department of Education (DOE) (2×)
Bankr. E.D. Tex. · 2021 · confidence medium
U.S. Dep’t. of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir. 2003) (citing Brunner v. N.Y.
cited Cited as authority (rule) United States v. John Chesteen, Jr.
5th Cir. · 2020 · confidence medium
U.S. Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir. 2003) (citation omitted).
cited Cited as authority (rule) Lewis v. MASSACHUSETTS HIGHER ED. ASSIST. CORPORA
Bankr. S.D. Miss. · 2020 · confidence medium
Brunner, 831 F.2d at 396 (adopted in U.S. Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir. 2003)).
discussed Cited as authority (rule) Thomas v. Dep't of Educ. (In Re Thomas)
5th Cir. · 2019 · confidence medium
Discussion This court "review[s] the decision of a district court, sitting as an appellate court, by applying the same standards of review to the bankruptcy court's finding of fact and conclusions of law as applied by the district court." In re Gerhardt , 348 F.3d at 91 (citation omitted).
cited Cited as authority (rule) United Independent School District v. Vitro Asset Corp. (In Re Vitro Asset Corp.)
5th Cir. · 2016 · confidence medium
United States Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir. 2003).
discussed Cited as authority (rule) Matthew Wiggins v. Janet Northrup, Trustee
5th Cir. · 2016 · confidence medium
DISCUSSION In a bankruptcy appeal, when the district court is the court of first review, this court applies “the same standards of review to the bankruptcy court’s findings of fact and conclusions of law as applied by the district court.” U.S. Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003).
discussed Cited as authority (rule) Comu v. King Louie Mining, LLC
N.D. Tex. · 2015 · confidence medium
Under this standard, “a bankruptcy court’s findings of fact are reviewed for clear error, and its conclusions of law are reviewed de novo.” In re SI Restructuring, Inc., 542 F.3d 131, 134 (5th Cir.2008) (citing U.S. Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003)).
cited Cited as authority (rule) Nightingale v. North Carolina State Education Assistance Authority (In re Nightingale)
Bankr. M.D.N.C. · 2015 · confidence medium
Corp. v. Frushour (In re Frushour), 433 F.3d 393 (4th Cir.2005); U.S. Dept. of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003); Oyler v. Educ.
discussed Cited as authority (rule) Marable v. Sam Pack's Ford Country of Lewisville, Ltd. (In re Emergency Room Mobile Services, L.L.C.)
N.D. Tex. · 2015 · confidence medium
LEGAL STANDARD A. Bankruptcy Standard of Review This Court applies the same general standard of review that the Fifth Circuit applies in reviewing a “bankruptcy court’s findings of fact and conclusions of law.” In re SI Restructuring, Inc., 542 F.3d 131, 134 (5th Cir.2008) (citing U.S. Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003)).
discussed Cited as authority (rule) Nevada Property 1 LLC v. D'Amico (In re D'Amico)
Bankr. S.D. Tex. · 2014 · confidence medium
To the extent they did— concluding, as a matter of law, that Voll-bracht’s intentional punches were not objectively, substantially certain to cause harm — we disagree.”); Red, 96 Fed.Appx. at 230-32 (treating the Bankruptcy Court’s finding that the debtor intentionally drove his car into a crowded bar as a finding of fact subject to the clearly erroneous standard of review, but addressing the issue of objective substantial certainty of harm de novo “[u]nder the facts that the bankruptcy court found”); U.S. Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.20…
cited Cited as authority (rule) Ablavsky v. United States Department of Education (In re Ablavsky)
Bankr. D. Mass. · 2014 · confidence medium
Corp. v. Polleys, 356 F.3d 1302, 1309 (10th Cir.2004); U.S. Dept. of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003); Hemar Ins.
discussed Cited as authority (rule) Wolfe v. U.S. Department of Education (In re Wolfe)
Bankr. M.D. Fla. · 2013 · confidence medium
Corp. v. Frushour (In re Frushour), 433 F.3d 393, 400 (4th Cir.2005); United States Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003); Cheesman v. Tenn. Student Assistance Corp. (In re Cheesman), 25 F.3d 356, 359 (6th Cir.1994); In re Roberson, 999 F.2d 1132, 1135 (7th Cir.1993); United Student Aid Funds, Inc. v. Pena (In re Pena), 155 F.3d 1108, 1114 (9th Cir.1998); Educ.
discussed Cited as authority (rule) McClendon v. Springfield
E.D. Tex. · 2013 · confidence medium
U.S. Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003) (“The decision to discharge [] debts represents a conclusion regarding the legal effect of the bankruptcy court’s factual findings.”).
discussed Cited as authority (rule) First National Bank v. Crescent Electric Supply Co. (In Re Renaissance Hospital Grand Prairie Inc.)
5th Cir. · 2013 · confidence medium
Applicable Standard to This Court in Reviewing the District Court This Court “review[s] 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.” Gerhardt, 348 F.3d at 91 (citation omitted).
cited Cited as authority (rule) Ayele v. Educational Credit Management Corp.
Bankr. D. Mass. · 2012 · confidence medium
Corp. v. Polleys, 356 F.3d 1302, 1309 (10th Cir.2004); U.S. Dept. of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir. 2003); Hemar Ins.
cited Cited as authority (rule) Stevenson v. Educational Credit Management Corp. (In re Stevenson)
Bankr. D. Mass. · 2011 · confidence medium
Corp. v. Polleys, 356 F.3d 1302, 1309 (10th Cir.2004); U.S. Dept. of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003); Hemar Ins.
cited Cited as authority (rule) Tower Credit, Inc. v. Nicholas Gauthier
5th Cir. · 2009 · confidence medium
U.S. Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003).
discussed Cited as authority (rule) Educational Credit Management v. Mark Jesperson
8th Cir. · 2009 · confidence medium
Corp. (In re Spence), 541 F.3d 538, 545 (4th Cir. 2008) (holding that debtor did not make a good faith effort to maximize her income, meaning that she did not satisfy the third factor of the Brunner undue hardship test for the dischargeability of student loan debt, where, although debtor was highly educated, she appeared to be satisfied working for a company as a mail services specialist, debtor had not made efforts to pursue a more lucrative line of work and admitted that she was not currently pursing other work at all, debtor did not fully explore the possibility of loan consolidation progra…
discussed Cited as authority (rule) Educational Credit Management Corp. v. Jesperson (2×)
8th Cir. · 2009 · confidence medium
Corp. (In re Spence), 541 F.3d 538, 545 (4th Cir.2008) (holding that debtor did not make a good faith effort to maximize her income, meaning that she did not satisfy the third factor of the Brunner undue hardship test for the dischargeability of student loan debt, where, although debtor was highly educated, she appeared to be satisfied working for a company as a mail services specialist, debtor had not made efforts to pursue a more lucrative line of work and admitted that she was not currently pursing other work at all, debtor did not fully explore the possibility of loan consolidation program…
discussed Cited as authority (rule) Caillouet v. First Bank & Trust
5th Cir. · 2008 · confidence medium
“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.” U.S. Dep’t of Edue. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003) (citation omitted).
discussed Cited as authority (rule) In Re Entringer Bakeries, Inc.
5th Cir. · 2008 · confidence medium
"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." U.S. Dep't of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003) (citation omitted).
discussed Cited as authority (rule) Wooley v. Faulkner (In Re SI Restructuring, Inc.)
5th Cir. · 2008 · confidence medium
U.S. Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003) (citing Total Minatome Corp. v. Jack/Wade Drilling, Inc. (In re Jack/Wade Drilling, Inc.), 258 F.3d 385, 387 (5th Cir.2001)). 5 .
discussed Cited as authority (rule) Vujovic v. Direct Loans (In Re Vujovic) (2×) also: Cited "see, e.g."
Bankr. E.D.N.C. · 2008 · confidence medium
Frushour, 433 F.3d at 397 ; Gerhardt, 348 F.3d at 92; see also Oyler v. Educational Credit Mgmt.
cited Cited as authority (rule) Miller v. Lewis
E.D. Tex. · 2008 · confidence medium
United States Dep’t. of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003).
discussed Cited as authority (rule) Matthews-Hamad v. Educational Credit Management Corp. (In Re Matthews-Hamad) (2×) also: Cited "see, e.g."
Bankr. M.D. Fla. · 2007 · confidence medium
See Frushour, 433 F.3d at 401 (finding that “[h]aving a low-paying job ... does not in itself provide undue hardship” where debtor was voluntarily employed in her preferred field as decorative painter); Gerhardt, 348 F.3d at 92 (stating that “nothing in the Bankruptcy Code suggests that a debtor may choose to work only in the field in which he was trained, obtain a low-paying job, and then claim it would be an undue hardship to repay his student loans.”); Oyler, 397 F.3d at 386 (refusing to discharge student loan debt of joint debtors where one debtor chose to work in low-paying job as…
discussed Cited as authority (rule) Education Credit Management Corp. v. Blake (In Re Blake) (2×) also: Cited "see"
E.D. Tex. · 2007 · confidence medium
U.S. Dept. of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003).
cited Cited as authority (rule) Educational Credit Management Corp. v. Young
E.D. Tex. · 2007 · confidence medium
United States Dep’t. of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003).
cited Cited as authority (rule) Bradley v. Ingalls (In Re Bradley)
5th Cir. · 2007 · confidence medium
U.S. Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003).
discussed Cited as authority (rule) Jones v. Bank One Texas (2×) also: Cited "see"
W.D. Tex. · 2007 · confidence medium
United States Dept. of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003) (quoting Brunner v. New York State Higher Educ.
discussed Cited as authority (rule) Educational Credit Management Corp. v. Pratt (In Re Pratt) (2×) also: Cited "see"
S.D. Tex. · 2007 · confidence medium
U.S. Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003) (concluding “[t]he decision to discharge [ ] debts represents a conclusion regarding the legal effect of the bankruptcy court’s factual findings”).
cited Cited as authority (rule) Educational Credit Management Corp. v. Curiston
D. Conn. · 2006 · confidence medium
See, e.g., Brunner, 831 F.2d at 396 ; U.S. Dept. of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003); Long v. Educ.
discussed Cited as authority (rule) Tapss, LLC v. Nunez Co.
5th Cir. · 2006 · confidence medium
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 to the district court.” U.S. Dept. of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003) (citing Total Minatome Corp. v. Jack/Wade Drilling, Inc. (In re Jack/Wade Drilling, Inc.), 258 F.3d 385, 387 (5th Cir.2001)).
cited Cited as authority (rule) Paul v. Suffolk University (In Re Paul)
Bankr. D. Mass. · 2006 · confidence medium
Credit Mgmt. v. Polleys, 356 F.3d 1302, 1309 (10th Cir.2004)(same); United States Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir. 2003)(same); Hemar Ins.
cited Cited as authority (rule) Hicks v. Educational Credit Management Corp. (In Re Hicks)
Bankr. D. Mass. · 2005 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 386 (6th Cir.2005); United States Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 92 (5th Cir.2003); In re Brunner, 46 B.R. at 755 .
discussed Cited as authority (rule) Oyler v. Educational Credit (2×) also: Cited "see, e.g."
6th Cir. · 2005 · confidence medium
Assistance Agency v. Faish (In re Faish), 72 F.3d 298, 306 (3d Cir. 1995); United States Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir. 2003); In re Roberson, 999 F.2d 1132, 1135 (7th Cir. 1993); United Student Aid Funds, Inc. v. Pena (In re Pena), 155 F.3d 1108, 1112 (9th Cir. 1998); Educ.
discussed Cited as authority (rule) In Re: Michael J. Oyler, Debtor. Michael J. Oyler v. Educational Credit Management Corporation (2×) also: Cited "see, e.g."
6th Cir. · 2005 · confidence medium
Assistance Agency v. Faish (In re Faish), 72 F.3d 298, 306 (3d Cir.1995); United States Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003); In re Roberson, 999 F.2d 1132, 1135 (7th Cir.1993); United Student Aid Funds, Inc. v. Pena *386 (In re Pena), 155 F.3d 1108, 1112 (9th Cir.1998); Educ.
discussed Cited as authority (rule) Educational Credit Management Corp. v. Mason (In Re Mason)
9th Cir. BAP · 2004 · confidence medium
The Fifth Circuit, in Gerhardt, 348 F.3d at 92, quotes the “circumstances not present, or greatly exacerbated” language from Roach, discussed below, but says nothing more regarding any pre-existing condition.
discussed Cited as authority (rule) McMullin v. United States Department of Education (In Re McMullin) (2×)
Bankr. E.D. La. · 2004 · confidence medium
Gerhardt, 348 F.3d at 92. 8 .
cited Cited as authority (rule) Nys v. Educational Credit Management Corp. (In Re Nys)
9th Cir. BAP · 2004 · confidence medium
Instead, the debtor must specifically prove “a total incapacity ... in the future to pay [his] debts for reasons not within [his] control. ” Id. at 92 (internal citations omitted) (emphasis added).
cited Cited as authority (rule) Tollison v. Suntech, Inc. (In Re Tollison)
Bankr. N.D. Miss. · 2004 · confidence medium
United States Department of Education v. Gerhardt (In re Gerhardt), 348 F.3d 89, 91 (5th Cir.2003).
Retrieving the full opinion text from the archive…
In the Matter Of: Jonathon R. GERHARDT, Debtor. United States Department of Education, Appellee,
v.
Jonathon R. Gerhardt, Appellant
03-30040.
Court of Appeals for the Fifth Circuit.
Oct 23, 2003.
348 F.3d 89
Eneid A. Francis (argued) and Stephen A. Higginson, Asst. U.S. Attys., New Orleans, LA, for Appellee., M. Elizabeth Bowman (argued), Bowman & Howley, Gretna, LA, for Appellant.
Reavley, Jones, Clement.
Cited by 62 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 78%
Citer courts: N.D. Texas (1)
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] In 1999, Gerhardt filed 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] cisión. [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 debtor[ ] 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] During the LPO’s off-seasons, Gerhardt has collected unemployment, but he has somehow managed to attend the Colorado Music Festival. Although trial testimony tended to show that Gerhardt would likely not obtain a position at a higher-paying orchestra, he could obtain additional steady employment in a number of different arenas. For instance, he could attempt to teach full-time, obtain night-school teaching jobs, or even work as a music store clerk. [4] Thus, no reasons out[*93] of Gerhardt’s control exist that perpetuate his inability to repay his student loans.

In addition, nothing in the Bankruptcy Code suggests that a debtor may choose to work only in the field in which he was trained, obtain a low-paying job, and then claim that it would be an undue hardship to repay his student loans. See, e.g., In re Grigas, 252 B.R. 866, 875 (Bankr.D.N.H.) (concluding that a debtor could not satisfy the second Brunner prong when financial distress was self-imposed). Under the facts presented by Gerhardt, it is difficult to imagine a professional orchestra musician who would not qualify for an undue hardship discharge. Accordingly, Gerhardt “has failed to demonstrate the type of exceptional circumstances that are necessary in order to meet [his] burden under the second prong” of Brunner. Brightful, 267 F.3d at 330. Finding no error, the judgment of the district court is AFFIRMED.

1

. Both the bankruptcy court and district court applied the Brunner test to the facts of this case.

2

. Some examples of "additional circumstances” include "psychiatric problems, lack of usable job skills, and severely limited education.” Roach, 288 B.R. at 445.

3

. Our analysis of the second Brunner prong inevitably overlaps to some degree with the third prong, which asks if the debtor has made a good faith effort to repay the loan. Brunner, 831 F.2d at 396. However, because we resolve this case under the second prong, it is unnecessary to explore the third prong in depth.

4

. This is not meant to be an exhaustive list of possible employment opportunities for Ger-hardt, but instead merely seeks to illustrate other viable avenues for income.