Barstow School v. Shojayi (In re Shojayi)

Chapter 7

Memorandum Opinion and Order Denying Plaintiffs Motion for Summary Judgment and Granting Summary Judgment for Defendant

Janice Miller Karlin, United States Bankruptcy Judge

The issue I must decide is whether Congress intended to except from discharge a debt in excess of $30,000 arising from a parent’s promise to pay private school tuition for her young children who never then attended the school. Because the debt does not constitute a loan under 11 U.S.C. § 523(a)(8)(A), the Court denies the creditor’s motion for summary judgment and instead grants summary judgment to the debtor.1

I.Juri…