Gordon Nitka v. Department of Education
JusticiabilityDoctri
In analyzing the second prong of the Brunner test to determine 'undue hardship,' how should courts weigh speculation on the borrower's future income potential? And, if a borrower's loan defaults, becoming immediately due in full, was Rosenberg correct in holding that the repayment period has ended?
QUESTIONS PRESENTED A. In analyzing the second prong of the Brunner test to determine “undue hardship,” how should courts weigh speculation on the borrower’s future income potential? And, if a borrower’s loan defaults, becoming immediately due in full, was Rosenberg correct in holding that the repayment period has ended? B. When a company submits testimony from an employee who did not play a personal role in the unfolding of the events and was merely supplied documentation in preparation of trial, under what circumstances would the employee’s testimony constitute lay testimony? a . ii II. PARTIES All parties appear in the caption of the case on the cover page. Il.