In Re: Michael J. Oyler, Debtor. Michael J. Oyler v. Educ. Credit Mgmt. Corp., 397 F.3d 382 (6th Cir. 2005). · Go Syfert
In Re: Michael J. Oyler, Debtor. Michael J. Oyler v. Educ. Credit Mgmt. Corp., 397 F.3d 382 (6th Cir. 2005). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases, last quoted 2007 · 2 courts · …choosing a low-paying job cannot merit undue hardship relief. at p. 386
219 citation events (219 in the last 25 years) across 40 distinct courts.
Strongest positive: Jones v. Bank One Texas (txwd, 2007-08-13)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Jones v. Bank One Texas (3×) also: Cited as authority (rule)
W.D. Tex. · 2007 · signal: see also · quote attribution · 1 verbatim quote · confidence high
choosing a low-paying job cannot merit undue hardship relief.
discussed Cited as authority (verbatim quote) Educational Credit Management Corp. v. DeGroot (2×) also: Cited as authority (rule)
D. Or. · 2006 · quote attribution · 1 verbatim quote · confidence high
ost importantly, must by beyond the debt- or's control, not borne of free choice.
discussed Cited as authority (verbatim quote) Reynolds v. Pennsylvania Higher Education Assistance Agency (In Re Reynolds) (2×) also: Cited "see"
8th Cir. · 2005 · signal: see · quote attribution · 1 verbatim quote · confidence high
choosing a low-paying job cannot merit undue hardship relief.
discussed Cited as authority (rule) In re: Amber Dawn Halliwell v. United States Department of Education and Missouri Higher Education Loan Authority
Bankr. S.D.W. Va. · 2026 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 386 (6th Cir. 2005)). 2 Because the Debtor has not satisfied the second and third prongs of the Brunner test, the Court need not address whether she has satisfied the first prong.
cited Cited as authority (rule) Raynor v. Education Credit Management Corporation
Bankr. E.D.N.C. · 2024 · confidence medium
Frushour, 433 F.3d at 401 (quoting In re Oyler, 397 F.3d 382, 386 (6th Cir. 2005)). 25.
discussed Cited as authority (rule) Savage v. Educational Credit Management Corporation (2×)
Bankr. N.D. Ga. · 2023 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 386 (6th Cir. 2005) (these factors should be “beyond the debtor’s control, not borne of free choice” such as choosing a low- paying job).
discussed Cited as authority (rule) Lewis v. Johnson & Wales University (2×)
Bankr. N.D. Ohio · 2021 · confidence medium
Corp., 397 F.3d 382, 385 (6th Cir.2005) (citing Brunner v. New York State Higher Educ.
examined Cited as authority (rule) Lewis v. Johnson & Wales University (3×)
Bankr. N.D. Ohio · 2021 · confidence medium
Corp., 397 F.3d 382, 385 (6th Cir.2005) (citing Brunner v. New York State Higher Educ.
discussed Cited as authority (rule) Adam Harrison Bryant - Adversary Proceeding (2×)
Bankr. D.C. · 2021 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 385 (6th Cir. 2005); In re Roberson, 999 F.2d 1132, 1135 (7th Cir. 1993); Educ.
discussed Cited as authority (rule) Hull v. Department of Education/NelNet Loan Services (2×)
Bankr. W.D. Ky. · 2021 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 385 (6th Cir. 2005) (quoting Brunner, 831 F.2d at 396).
examined Cited as authority (rule) Hutsell v. Allied Interstate (3×)
Bankr. N.D. Ohio · 2020 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 385 (6th Cir. 2005) (quoting Brunner, 831 F.2d at 396 ).8 The debtor bears the burden of establishing each of these three elements by a preponderance of the evidence.
cited Cited as authority (rule) Thelma McCoy v. United States
5th Cir. · 2020 · confidence medium
These circumstances “may include illness, disability, a lack of useable job skills, or the existence of a large number of dependents.” In re Oyler, 397 F.3d 382, 386 (6th Cir. 2005).
discussed Cited as authority (rule) Hutsell v. Allied Interstate (2×)
Bankr. N.D. Ohio · 2020 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 385 (6th Cir. 2005) (quoting Brunner, 831 F.2d at 396 ).
cited Cited as authority (rule) Little v. U.S. Department of Education
Bankr. N.D. Tex. · 2019 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 386 (6th Cir. 2005).
discussed Cited as authority (rule) Murrell v. U.S. Department of Education (2×) also: Cited "see, e.g."
Bankr. N.D. Ohio · 2019 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 385 (6th Cir. 2005); In re Chenault, 586 B.R. 414, 421 (6th Cir. BAP 2018).
discussed Cited as authority (rule) In re Chenault (2×) also: Cited "see"
6th Cir. BAP · 2018 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 385 (6th Cir. 2005) (adopting Brunner test in the Sixth Circuit).
cited Cited as authority (rule) Price v. DeVos (In re Price)
Bankr. E.D. Pa. · 2017 · confidence medium
In re Oyler, 397 F.3d 382, 385 (6th Cir. 2005) (citing In re Miller, 377 F.3d 616, 623 (6th Cir. 2004)).
discussed Cited as authority (rule) Miraglia v. U.S. Department of Education (In re Miraglia)
Bankr. N.D. Ohio · 2016 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 385 (6th Cir. 2005) (quoting Brunner v. N.Y.
cited Cited as authority (rule) In re Jordan
Bankr. S.D. Ohio · 2016 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 386 (6th Cir.2005)).
cited Cited as authority (rule) Kelly v. U.S. Department of Education (In re Kelly)
Bankr. E.D.N.C. · 2016 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 386 (6th Cir.2005)). 33.
cited Cited as authority (rule) Nightingale v. North Carolina State Education Assistance Authority (In re Nightingale)
Bankr. M.D.N.C. · 2016 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 386 (6th Cir.2005)).
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., 397 F.3d 382, 386 (6th Cir.2005).
discussed Cited as authority (rule) Hubbard v. United States Department of Education (In re Hubbard) (2×) also: Cited "see"
Bankr. E.D. Tenn. · 2015 · confidence medium
In Oyler v. Educational Credit Management Corp. (In re Oyler), the Sixth Circuit expressly adopted the Brunner analysis, noting, “[gjiven then, that the Brunner construct subsumes the criteria we have treated as distinct and independent, and that the Brunner formulation easily accommodates factors we look to in evaluating undue hardship, we opt to join other circuits in adopting the simpler rubric of the Brunner test.” 397 F.3d 382, 385 (6th Cir.2005).
discussed Cited as authority (rule) Sexton v. PHEAA (In re Sexton)
Bankr. W.D. Ky. · 2014 · confidence medium
Accepting a lower income job despite having the qualifications for more rewarding employment is not an ‘additional circumstance.’ See Oyler, 397 F.3d at 386 (a debtor’s choice of work “cannot excuse his failure to supplement his income so that he can meet knowingly and voluntarily incurred financial obligations.
cited Cited as authority (rule) Lamento v. U.S. Dept. of Education (In re Lamento)
Bankr. N.D. Ohio · 2014 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 385 (6th Cir.2005) (quoting Brunner v. New York State Higher Educ.
discussed Cited as authority (rule) Trudel v. United States Department of Education (In re Trudel) (2×)
6th Cir. BAP · 2014 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 385 (6th Cir.2005) (adopting Brunner test in the Sixth Circuit).
discussed Cited as authority (rule) In re: Colleen Renee Trudel v. (2×)
6th Cir. · 2014 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 385 (6th Cir. 2005) (adopting Brunner test in the Sixth Circuit).
discussed Cited as authority (rule) In re: Colleen Renee Trudel v. (2×)
6th Cir. · 2014 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 385 (6th Cir. 2005) (adopting Brunner test in the Sixth Circuit).
cited Cited as authority (rule) Warner v. Bank of America (In re Warner)
Bankr. W.D. Mich. · 2014 · confidence medium
Corp., 397 F.3d 382, 385 (6th Cir.2005), and the Second Circuit opinion of Brunner v. New York State Higher Educ.
cited Cited as authority (rule) Ablavsky v. United States Department of Education (In re Ablavsky)
Bankr. D. Mass. · 2014 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 385 (6th Cir.2005) (in which the Sixth Circuit abandoned its hybrid-Brunner test and adopted the Brunner test).
cited Cited as authority (rule) Wolfe v. U.S. Department of Education (In re Wolfe)
Bankr. M.D. Fla. · 2013 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 386 (6th Cir.2005). .
cited Cited as authority (rule) Gesualdi v. Educational Credit Management Corp. (In re Gesualdi)
Bankr. S.D. Florida · 2013 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 386 (6th Cir.2005)).
cited Cited as authority (rule) Maas v. Northstar Education Finance, Inc. (In re Maas)
Bankr. W.D. Mich. · 2013 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 385 (6th Cir.2005).
cited Cited as authority (rule) Erbschloe v. U.S. Department of Education (In re Erbschloe)
Bankr. W.D. Va. · 2013 · confidence medium
Corp., 397 F.3d 382, 386 (6th Cir.2005)) (internal quotations omitted).
cited Cited as authority (rule) In re Maura
Bankr. E.D. Mich. · 2013 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 385 (6th Cir.2005). .
discussed Cited as authority (rule) Greene v. U.S. Department of Education (In re Greene) (2×)
Bankr. E.D. Va. · 2012 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 386 (6th Cir.2005)). 1.
cited Cited as authority (rule) Todd v. Access Group, Inc. (In re Todd)
Bankr. D. Md. · 2012 · confidence medium
Corp., 397 F.3d 382, 386 (6th Cir.2005)).
discussed Cited as authority (rule) Ayele v. Educational Credit Management Corp.
Bankr. D. Mass. · 2012 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 385 (6th Cir. 2005) (in which the Sixth Circuit abandoned its hybrid-Brunner te st and adopted the Brunner test).
discussed Cited as authority (rule) Malone v. Higher Education Student Assistance (In Re Malone) (2×)
Bankr. N.D. Ohio · 2012 · confidence medium
Corp., 397 F.3d 382, 385 (6th Cir.2005).
cited Cited as authority (rule) Stevenson v. Educational Credit Management Corp. (In re Stevenson)
Bankr. D. Mass. · 2011 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 385 (6th Cir.2005) (in which the Sixth Circuit abandoned its hybrid-Brunner test and adopted the Brunner test).
examined Cited as authority (rule) Nixon v. Key Education Resources (In Re Nixon) (3×) also: Cited "see"
Bankr. S.D. Ohio · 2011 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 385 (6th Cir.2005) (quoting Brunner, 831 F.2d at 396 ).
discussed Cited as authority (rule) Goodman v. US Department of Education (In Re Goodman) (2×)
Bankr. N.D. Ohio · 2011 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 385 (6th Cir.2005).
cited Cited as authority (rule) Marcotte v. Brazos Higher Education Service Corp. (In Re Marcotte)
Bankr. D.S.C. · 2011 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 386 (6th Cir. 2005)).
cited Cited as authority (rule) Roberts v. U.S. Department of Education (In Re Roberts)
Bankr. N.D. Ohio · 2010 · confidence medium
Corp., 397 F.3d 382, 385 (6th Cir.2005).
cited Cited as authority (rule) Wallace v. Educational Credit Management Corp. (In Re Wallace)
Bankr. S.D. Ohio · 2010 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 385 (6th Cir.2005)) (quoting Brunner v. New York State Higher Educ.
discussed Cited as authority (rule) Hart v. ECMC (2×) also: Cited "see"
E.D. Mich. · 2010 · confidence medium
Second Brunner Prong To establish the second prong of the Brunner test, the debtor must show that her circumstances indicate a “certainty of hopelessness, not merely a present inability to fulfill financial commitment.” Oyler, 397 F.3d at 386 (debtor who was in his 40s, had higher education degree, and left a higher paying job as a salesman to earn $10,000 per year as a pastor, did not satisfy second Brunner prong).
discussed Cited as authority (rule) Marshall v. Student Loan Corp. (Marshall) (2×)
Bankr. S.D. Ohio · 2010 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 385 (6th Cir.2005).
discussed Cited as authority (rule) Cekic-Torres v. Access Group, Inc. (In Re Cekic-Torres) (2×)
Bankr. N.D. Ohio · 2010 · confidence medium
Corp., 397 F.3d 382, 385 (6th Cir.2005).
examined Cited as authority (rule) Cockels v. Mae (3×) also: Cited "see"
E.D. Mich. · 2009 · confidence medium
Corp. (In re Oyler), 397 F.3d 382, 384 (6th Cir.2005).
discussed Cited as authority (rule) Educational Credit Management Corp. v. Jesperson (2×)
8th Cir. · 2009 · confidence medium
Corp., 397 F.3d 382, 386 (6th Cir.2005); In re Gerhardt, 348 F.3d 89 , 92-93 (5th Cir.2003); Goulet v. Educ.
Retrieving the full opinion text from the archive…
In Re: Michael J. OYLER, Debtor. Michael J. Oyler, Plaintiff-Appellee,
v.
Educational Credit Management Corporation, Defendant-Appellant
03-4505.
Court of Appeals for the Sixth Circuit.
Feb 3, 2005.
397 F.3d 382
ARGUED: Daniel S. Fisher, St. Paul, Minnesota, for Appellant. Donald M. Miller, Sr., Canton, Ohio, for Appellee. ON BRIEF: Frederick S. Coombs, III, Harrington, Hoppe & Mitchell, Youngstown, Ohio, for Appellant. Donald M. Miller, Sr., Canton, Ohio, for Appellee.
Daughtrey, Cook, Farris.
Cited by 99 opinions  |  Published

OPINION

COOK, Circuit Judge.

Education Credit Management Corporation (“ECMC”) appeals the Bankruptcy Court’s discharge of Michael Oyler’s student loans from ECMC and asks us to consider whether that debt poses an “undue hardship” to Oyler. Unlike the Bankruptcy Court and Bankruptcy Appellate Panel (B.A.P.), we hold that it does not and thus reverse.

I

Oyler is the pastor of a Messianic Jewish church that he founded in June 1998. He is forty-eight years old and married with three children. Before founding his church, Oyler earned bachelor’s and master’s degrees, worked as a salesman and audio engineer, and once owned his own business.

At the time of trial, Oyler’s family’s income had been less than $10,000 for each of the past two years — well below poverty level for a family of five. The church congregation provided the family with an apartment and a salary around $1,200 per month, varying depending upon congregation members’ contributions. The family had no health insurance, and Oyler suffered four retinal detachments as a result of a medical condition, scleral buckle. The only debts scheduled in his Chapter 13 plan were the $40,000 worth of student loans from ECMC, and, at the time of trial, Oyler was current in his monthly payments of $50 into the plan.

In June 2002, Oyler began an adversary proceeding in Bankruptcy Court to discharge his student loans under 11 U.S.C. § 523(a)(8). At the end of trial, the court concluded that repayment of the student loans would constitute an undue hardship, and entered a judgment discharging the debt. ECMC timely appealed, first to the B.A.P., which affirmed the judgment, and then to this court.

II

In an appeal from the B.A.P., we focus on the Bankruptcy Court’s decision, and review its factual findings for clear error and its legal conclusions de novo. Behlke v. Eisen (In re Behlke), 358 F.3d 429, 433 (6th Cir.2004). Whether student loans pose an undue hardship is a legal question we review de novo. Cheesman v. Tennessee Student Assistance Corp. (In re Cheesman), 25 F.3d 356, 359 (6th Cir.1994).

[*385] III

The Bankruptcy Code allows discharge of student loans only when repayment “will impose an undue hardship on the debtor and the debtor’s dependents.” 11 U.S.C. § 523(a)(8). Most circuit courts follow the standard for “undue hardship” adopted by the Second Circuit which requires a three-part analysis: “(1) that the debtor cannot maintain, based on current income and expenses, a ‘minimal’ standard of living for herself and her 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 v. New York State Higher Educ. Serv. Corp., 831 F.2d 395 (2d Cir.1987).

We have recognized and frequently applied the three prongs of Brunner in our undue hardship cases (and also our health-education-assistance-loan unconscionability cases), but have hesitated to explicitly adopt Brunner as the exclusive analytical framework. See, e.g., In re Cheesman, 25 F.3d at 359-60 (undue hardship); Rice v. United States (In re Rice), 78 F.3d 1144, 1149-50 (6th Cir.1996) (unconscionability). Instead, we have considered the Brunner test, along with other factors such as: (1) the debt amount; (2) the interest rate; (3) the debtor’s claimed expenses and current standard of living to evaluate whether the debtor has attempted to minimize expenses; (4) the debtor’s income, earning ability, health, education, dependents, age, wealth, and professional degrees; and (5) whether the debtor has attempted to maximize income by seeking or obtaining employment commensurate with her education and abilities. Miller v. Pa. Higher Educ. Assistance Agency (In re Miller), 377 F.3d 616, 623 (6th Cir.2004).

We believe our current “hybrid Brunner ” model for assessing undue hardship foments confusion because our so-called “other factors” actually fit easily into the well-accepted Brunner analytical template. For instance, we have labeled a debtor’s expenses and standard of living and the amount of the debt as independent factors, yet Brunner-test courts regularly scrutinize these same factors under the first prong of the test. See, e.g., United States Dep’t of Educ. v. Gerhardt (In re Gerhardt), 348 F.3d 89, 92 (5th Cir.2003). We have cabined as a separate factor a debtor’s attempt to maximize income, but most courts conceptualize that inquiry as the controlling aspect of Brunner’s second prong. See Storey v. Nat’l Enter. Sys. (In re Storey), 312 B.R.. 867, 872 (Bankr.N.D.Ohio 2004). And nearly all of the bankruptcy courts in this circuit apply the test and employ these other factors within the Brunner framework. See Jackson v. Educ. Credit Mgmt. Corp., No. 3:03CV7692, 2004 WL 952882, at *2 (N.D. Ohio Apr. 30, 2004) (“Bankruptcy courts within this district have consistently applied the Brunner test.”). Given then, that the Brunner construct subsumes the criteria we have treated as distinct and independent, and that the Brunner formulation easily accommodates factors we look to in evaluating undue hardship, we opt to join other circuits [1] in adopting the simpler rubric of the Brunner test.

IV

Applying the Brunner test, we conclude that Oyler fails its second prong,[*386] because he has shown no “additional circumstances ... indicating that this state of affairs is likely to persist for a significant portion of the repayment period.” Such circumstances must be indicative of a “certainty of hopelessness, not merely a present inability to fulfill financial commitment.” In re Roberson, 999 F.2d at 1136. They may include illness, disability, a lack of useable job skills, or the existence of a large number of dependents. See Kraft v. New York State Higher Educ. Serv. Corp. (In re Kraft), 161 B.R. 82, 84 (Bankr.W.D.N.Y.1993). And, most importantly, they must be beyond the debtor’s control, not borne of free choice. See Fischer v. State Univ. of New York (In re Fischer), 23 B.R. 432, 434 (Bankr.W.D.Ky.1982). Choosing a low-paying job cannot merit undue hardship relief. See Healey v. Massachusetts Higher Educ. (In re Healey), 161 B.R. 389, 395 (E.D.Mich.1993) (“A resolute determination to work in one’s field of dreams, no matter how little it pays, cannot be the fundamental standard from which ‘undue hardship’ ... is measured.”).

Oyler’s choice to work as a pastor of a small start-up church cannot excuse his failure to supplement his income so that he can meet knowingly and voluntarily incurred financial obligations. By education and experience he qualifies for higher-paying work and is obliged to seek work that would allow debt repayment before he can claim undue hardship. See In re Storey, 312 B.R. at 872 (debtor must do everything in his power to improve financial situation); In re Kraft, 161 B.R. at 86-87 (debtor needed to look for all job opportunities before claiming undue hardship). The Bankruptcy Court erred by not considering that Oyler’s decision not to maximize his earnings, though commendable, was voluntarily made after he also voluntarily incurred the debt that he now wishes to discharge.

V

Because Oyler’s circumstances fail to meet the Brunner standard to qualify for undue-hardship discharge of his student loans, we reverse the decision of the Bankruptcy Appellate Panel. [2]

1

. For those circuits formally adopting the Brunner test, see Brunner, 831 F.2d 395; Pa. Higher Educ. 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. Credit Mgmt. Corp. v. Polleys, 356 F.3d 1302, 1309 (10th Cir.2004); Hemar Ins. Corp. of Am. v. Cox (In re Cox), 338 F.3d 1238, 1241 (11th Cir.2003). And the Fourth Circuit, while not yet expressly adopting Brunner, applies the test. See, e.g., Ekenasi v. The Educ. Res. Inst. (In re Ekenasi), 325 F.3d 541 (4th Cir.2003).

2

. Though Oyler may not qualify for undue-hardship discharge due to his decision to pursue a low-paying career, and his failure to supplement his income, other avenues of relief remain open to him. As counsel for ECMC suggested at oral argument, Oyler could enter the William D. Ford consolidation program’s "income contingent repayment plan" to alleviate some of the burden of repayment. See 20 U.S.C. § 1087e(d)(1)(D).