In Re: Paul F. Bender Lee E.J. Bender, Debtors. Lee E.J. Bender v. Educ. Credit Mgmt. Corp., 368 F.3d 846 (8th Cir. 2004). · Go Syfert
In Re: Paul F. Bender Lee E.J. Bender, Debtors. Lee E.J. Bender v. Educ. Credit Mgmt. Corp., 368 F.3d 846 (8th Cir. 2004). Cases Citing This Book View Copy Cite
83 citation events (81 in the last 25 years) across 19 distinct courts.
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Cassim v. Educational Credit Management Corp. (In Re Cassim)
6th Cir. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
in addition to ... constitutional concerns, the ripeness doctrine allows the federal courts to avoid wasting scarce judicial resources in attempts to resolve speculative or indeterminate factual issues.
examined Cited as authority (verbatim quote) Jennifer Cassim v. Educational Credit Management Corp
6th Cir. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
in addition to ... constitutional concerns, the ripeness doctrine allows the federal courts to avoid wasting scarce judicial resources in attempts to resolve speculative or indeterminate factual issues.
discussed Cited as authority (rule) Christina Leas Dunn v. Nelnet
W.D. Ark. · 2026 · confidence medium
Third, the bankruptcy proceedings would not have voided Nelnet’s interest even if Nelnet filed no proof of claim at all and Ms. Dunn subsequently completed a Chapter 13 plan because “[s]tudent loans are not ordinarily dischargeable under Chapter 13.” In re Bender, 368 F.3d 846, 847 (8th Cir. 2004) (citing 11 U.S.C. §§ 523 (a)(8), 1328(a)(2)).
cited Cited as authority (rule) United of Omaha Life Insurance Company v. Acass Systems, LLC
D. Neb. · 2019 · confidence medium
In re Bender, 368 F.3d 846, 847 (8th Cir. 2004).
cited Cited as authority (rule) Great American Alliance Insurance Company v. Windermere Baptist Conference Center, Inc.
W.D. Mo. · 2017 · confidence medium
Mo. Oct. 21, 2005) (quoting In re Bender, 368 F.3d 846, 848 (8th Cir. 2004)).
cited Cited as authority (rule) Chelsea Conway v. National Collegiate Trust
8th Cir. BAP · 2015 · confidence medium
Corp. (In re Bender), 368 F.3d 846, 848 (8th Cir. 2004).
cited Cited as authority (rule) Conway v. National Collegiate Trust (In re Conway)
8th Cir. BAP · 2015 · confidence medium
Corp. (In re Bender), 368 F.3d 846, 848 (8th Cir.2004)).
cited Cited as authority (rule) In re Precise
Bankr. E.D. Pa. · 2013 · confidence medium
See 11 U.S.C. § 1328 (a)(2); In re Bender, 368 F.3d 846, 847 (8th Cir.2004); see generally In re Brightful, 267 F.3d 324 (3d Cir.2001).
discussed Cited as authority (rule) Walker v. Sallie Mae Servicing Corp. (In Re Walker) (2×)
8th Cir. · 2011 · confidence medium
Corp., 368 F.3d 846, 848 (8th Cir. 2004).
cited Cited as authority (rule) Walker v. Sallie Mae Servicing Corp.
8th Cir. · 2011 · confidence medium
Corp., 368 F.3d 846, 848 (8th Cir. 2004).
discussed Cited as authority (rule) Walker v. Sallie Mae Servicing Corp. (In Re Walker)
8th Cir. BAP · 2010 · confidence medium
In order to prevail on a laches argument, ECMC had the burden to demonstrate such circumstances beyond the mere lapse of time, and it did not do so. 30 .In re Bender, 368 F.3d 846, 848 (8th Cir. 2004). 31 .
cited Cited as authority (rule) Walker v. Sallie Mae Servicing Corp. (In Re Walker)
Bankr. D. Minn. · 2009 · confidence medium
In re Bender, 368 F.3d 846, 848 (8th Cir.2004).
discussed Cited as authority (rule) Educational Credit Management Corp. v. Coleman
9th Cir. · 2009 · confidence medium
The Eighth Circuit, without applying any particular ripeness test, 19 held that, in undue hardship determinations, “the factual question is whether there is undue hardship at the time of discharge, not whether there is undue hardship at the time that a § 523(a)(8) proceeding is commenced.” In re Bender, 368 F.3d 846, 848 (8th Cir.2004).
discussed Cited as authority (rule) Educational Credit Management Corp. v. Coleman (In Re Coleman)
9th Cir. · 2009 · confidence medium
The Eighth Circuit, without applying any particular ripeness test, 19 held that, in undue hardship determinations, “the factual question is whether there is undue hardship at the time of discharge, not whether there is undue hardship at the time that a § 523(a)(8) proceeding is commenced.” In re Bender, 368 F.3d 846, 848 (8th Cir.2004).
discussed Cited as authority (rule) Educational Credit v. Coleman
9th Cir. · 2008 · confidence medium
The Eighth Circuit, without applying any particular ripeness test,19 held that, in undue hardship determinations, “the factual question is whether there is undue hardship at the time of discharge, not whether there is undue hardship at the time that a § 523(a)(8) proceeding is commenced.” In re Bender, 368 F.3d 846, 848 (8th Cir. 2004).
cited Cited as authority (rule) Boaz v. ISM Education Loans (In Re Boaz)
Bankr. D.N.D. · 2008 · confidence medium
Corp. (In re Bender), 368 F.3d 846, 847 (8th Cir.2004).
discussed Cited as authority (rule) Arthur Senty-Haugen v. Kevin Goodno
8th Cir. · 2006 · confidence medium
Article III of the Constitution limits federal courts to the resolution of “cases” and “controversies”, and the ripeness doctrine avoids “wasting scarce judicial resources in attempts to resolve speculative or indeterminate factual issues.” In re Bender, 368 F.3d 846, 848 (8th Cir.2004).
discussed Cited as authority (rule) Senty-Haugen v. Goodno
8th Cir. · 2006 · confidence medium
Article III of the Constitution limits federal courts to the resolution of "cases" and "controversies", and the ripeness doctrine avoids "wasting scarce judicial resources in attempts to resolve speculative or indeterminate factual issues." In re Bender, 368 F.3d 846, 848 (8th Cir.2004).
discussed Cited as authority (rule) Dolls, Inc. v. City of Coralville, Iowa (2×) also: Cited "see"
S.D. Iowa · 2006 · confidence medium
Reno v. Catholic Social Servs., Inc., 509 U.S. 43 , 57 n. 18, 113 S.Ct. 2485 , 125 L.Ed.2d 38 (1993); In re Bender, 368 F.3d 846, 847-48 (8th Cir.2004); Mo. Soybean Ass’n v. United States Envtl.
cited Cited as authority (rule) Public Water Supply District No. 8 Of Clay County, Missouri v. City Of Kearney, Missouri
8th Cir. · 2005 · confidence medium
Corp., 368 F.3d 846, 847-48 (8th Cir.2004).
cited Cited as authority (rule) Public Water Supply District No. 8 of Clay County v. City of Kearney
8th Cir. · 2005 · confidence medium
Corp., 368 F.3d 846, 847-48 (8th Cir.2004).
cited Cited as authority (rule) In Re Wireless Telephone Federal Cost Recovery Fees Litigation
unknown court · 2005 · confidence medium
In re Bender, 368 F.3d 846, 847-48 (8th Cir.2004) (citing Flast v. Cohen, 392 U.S. 83, 96-97 , 88 S.Ct. 1942 , 20 L.Ed.2d 947 (1968); U.S. Const. art.
cited Cited as authority (rule) Steven Robertson v. Nextel West Corp.
8th Cir. · 2005 · confidence medium
In re Bender, 368 F.3d 846, 847-48 (8th Cir.2004) (citing Flast v. Cohen, 392 U.S. 83, 96-97 , 88 S.Ct. 1942 , 20 L.Ed.2d 947 (1968); U.S. Const, art.
discussed Cited as authority (rule) In Re Root (2×)
Bankr. W.D. Mo. · 2004 · confidence medium
The Eighth Circuit recently so held in Bender v. Educational Credit Management Corporation (In re Bender), 368 F.3d 846, 848 (8th Cir.2004).
cited Cited "see" United States v. Baker
E.D. Ark. · 2007 · signal: see · confidence high
See In re Bender, 368 F.3d 846, 847-48 (8th Cir.2004).
discussed Cited "see" Swanson v. Internal Revenue Service (In Re Swanson)
Bankr. D. Kan. · 2006 · signal: see · confidence high
See In re Bender, 368 F.3d 846 (8th Cir.2004) (§ 523(a)(8)); In re Hochman, 853 F.2d 1547 (11th Cir.1988) (adopting decision reported as United States v. Lee, 89 B.R. 250, 257 (N.D.Ga.1987), involving § 294f(g)); In re Pair, 269 B.R. 719 (Bankr.N.D.Ala.2001) (§ 523(a)(8)); Soler v. United States (In re Soler), 250 B.R. 694 (Bankr.D.Minn.2000) (§ 523(a)(8)); Raisor v. Educ.
discussed Cited "see" Coleman v. Educational Credit Management Corp. (In Re Coleman)
Bankr. N.D. Cal. · 2005 · signal: see · confidence high
See In re Bender, 368 F.3d 846 (8th Cir.2004); In re Rubarts, 896 F.2d 107 (5th Cir.1990); In re Hochman, 853 F.2d 1547 (11th Cir.1988). 4 These courts concluded that the express language of § 1328(a) requires the determination to be made at the time of discharge.
discussed Cited "see" Woodcock v. United States Ex Rel. Department of Education (In Re Woodcock) (2×)
Bankr. W.D. Mo. · 2004 · signal: see · confidence high
See Bender v. Educational Credit Management Corp. (In re Bender), 368 F.3d 846, 848 (8th Cir.2004).
Retrieving the full opinion text from the archive…
In Re: Paul F. BENDER; Lee E.J. Bender, Debtors. Lee E.J. Bender, Appellant,
v.
Educational Credit Management Corporation, Appellee
03-2507.
Court of Appeals for the Eighth Circuit.
May 12, 2004.
368 F.3d 846
Richard Register and Bryan C. Meismer of Fremont, NE, for appellant., Trida M. Whitehill and Curtis P. Zaun of St. Paul, MN, for appellee.
Arnold, Colloton, Morris, Riley, Sheppard.
Cited by 37 opinions  |  Published
MORRIS SHEPPARD ARNOLD, Circuit Judge.

This is an appeal from the district court’s [1] determination that Lee Bender’s petition to discharge her student loans in a bankruptcy proceeding was not ripe for review. We affirm.

In February 2001, Ms. Bender and her husband filed for bankruptcy under Chapter 13. Four months later, three and a half years before they would become enti-tied to a discharge of debts under their Chapter 13 plan, Ms. Bender commenced this adversary proceeding seeking discharge of her student loan debt to Educational Credit Management Corporation. A little over a year later, the bankruptcy court ruled in favor of Ms. Bender. On appeal, the district court reversed, ruling that the adversary petition was not ripe for adjudication. Ms. Bender then brought this appeal.

Student loans are not ordinarily dischargeable under Chapter 13. See 11 U.S.C. §§ 523(a)(8), 1328(a)(2). But upon a showing that “excepting such debt from discharge” will cause “undue hardship,” a debtor may receive a discharge of student loans as part of a general Chapter 13 discharge. See 11 U.S.C. § 523(a)(8); see also 11 U.S.C. § 1328(a)(2). We find it significant that the general rule of nondischargeability of student loans is phrased as an exception to the Chapter 13 discharge, and a showing of “undue hardship” simply eliminates the exception. Accordingly, when student loans are discharged it is as part of the regular Chapter 13 discharge, rather than as a separate event. Thus, Ms. Bender was seeking a ruling on the dischargeability of the student loans three and a half years before it could occur.

The ripeness doctrine is rooted both in the limits of Article III of the Constitution and “on discretionary reasons of policy.” See Automotive, Petroleum & Allied Indus. Employees Union v. Gelco Corp., 758 F.2d 1272, 1275 (8th Cir.1985). The Constitution charges Article III courts with the resolution of “cases and controversies,” precluding them from rendering advisory opinions. Flast v. Cohen, [*848] 392 U.S. 83, 96-97, 88 S.Ct. 1942, 20 L.Ed.2d 947 (1968); see U.S. Const, art. III, § 2. In addition to these constitutional concerns, the ripeness doctrine allows the federal courts to avoid wasting scarce judicial resources in attempts to resolve speculative or indeterminate factual issues. See National Treasury Employees Union v. United States, 101 F.3d 1423, 1431 (D.C.Cir.1996). We find that these concerns justify the district court’s decision in this case.

“Undue hardship” is an inherently discretionary determination, and we have held that in applying § 523(a)(8) bankruptcy courts must consider the totality of the circumstances. See In Re Long, 322 F.3d 549, 554 (8th Cir.2003). For the reasons that we have already identified, the factual question is whether there is undue hardship at the time of discharge, not whether there is undue hardship at the time that a § 523(a)(8) proceeding is commenced. As a matter of administrative convenience, of course, it makes sense to commence an adversary petition to determine undue hardship before the actual date of discharge, but such proceedings should take place relatively close to that date so that the court can make its determination in light of the debtor's actual circumstances at the relevant time.

Ms. Bender in essence argues that her situation at the time of instituting this action was so dire, and the possibility of improvement so remote, that a court could determine whether repayment of her student loans three and a half years down the road would constitute undue hardship. Not only would adopting Ms. Bender’s view require some degree of judicial prescience, such an early determination is unnecessary in this ease. During the period of the Benders’ Chapter 13 plan, an automatic stay protects Ms. Bender from any collection actions by Educational Credit Management, see 11 U.S.C. § 362(a), and the Benders’ plan does not require that any payments be made on the student loans. In these circumstances, deferring adjudication of this issue does not prejudice Ms. Bender, except with regard to the possible accrual of interest payments, which we regard as negligible and insufficient to justify a premature resolution of the issue. Deferring a decision until the case is ripe will allow a court to make its undue hardship determination on the basis of real rather than speculative circumstances.

Affirmed.

1

. The Honorable Richard G. Kopf, Chief Judge, United States District Court for the District of Nebraska.