Jonathon Gerhardt was a professional cellist who had obtained over $77,000 in government-insured student loans to finance

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Jonathon Gerhardt was a professional cellist who had 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. He was 43 years old, healthy, and had no dependents. He subsequently defaulted on each loan owed to the United States government, having paid a total of only $755 on those loans. In 1999, Gerhardt filed for Chapter 7 bankruptcy and subsequently sought discharge of his student loans. 


At the time he filed for bankruptcy, Gerhardt was earning $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. During the LPO off-season, Gerhardt collected unemployment. Should the court discharge Gerhardt’s student loans on the grounds that their repayment would constitute an undue hardship?

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Law for Business

ISBN: 978-1259722325

13th edition

Authors: A. James Barnes, Terry M. Dworkin, Eric L. Richards

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