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Legal Opinion

In Re: Rose A. Tirch, Debtor. Rose A. Tirch v. Pennsylvania Higher Education Assistance Agency

Court of Appeals for the Sixth Circuit

Decided June 3, 2005No. 04-3125PublishedCited by 72 opinions

1Opinion of the Court

OPINION

BATCHELDER, Circuit Judge.

Defendant-Appellant Pennsylvania Higher Education Assistance Agency (“PHEAA”) appeals the Bankruptcy Appellate Panel’s (“BAP”) order affirming the bankruptcy court’s order granting partial discharge of Plaintiff-Appellee Rose Tirch’s student loan debt. Because the record does not support the bankruptcy court’s findings that Tirch’s ailments preclude her return to work and are likely to persist for a significant portion of the repayment period, or that she made a good faith effort to pay back her student loans, we will REVERSE.

Tirch, a single female in her…

2Cases cited17 opinions

  1. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  2. In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
  3. In Re: Steven Lynn Hornsby Teresa Lynn Hornsby, Debtors. Tennessee Student Assistance Corporation v. Steven Lynn Hornsby Teresa Lynn HornsbyCourt of Appeals for the Sixth Circuit · 1998
  4. In Re Dallas R. Cheesman Margaret J. Cheesman, Debtors. Dallas R. Cheesman Margaret J. Cheesman v. Tennessee Student Assistance CorporationCourt of Appeals for the Sixth Circuit · 1994
  5. Educational Credit Management Corp. v. PolleysCourt of Appeals for the Tenth Circuit · 2004

12 more not listed; retrieve them via the Exa API.

3Cited by72 opinions

  1. In Re Sandra Jane Frushour, Debtor. Educational Credit Management Corporation v. Sandra Jane FrushourCourt of Appeals for the Fourth Circuit · 2005
  2. In Re Thomas Francis Barrett, Jr., Debtor. Thomas Francis Barrett, Jr. v. Educational Credit Management CorporationCourt of Appeals for the Sixth Circuit · 2007
  3. In Re: John Franklin Copper, Debtor. Athena Chen Copper Estate of Sumiko Yamaoka v. John Franklin CopperCourt of Appeals for the Sixth Circuit · 2005
  4. Educational Credit Management Corp. v. Mosley (In Re Mosley)Court of Appeals for the Eleventh Circuit · 2007
  5. Nash v. Connecticut Student Loan Foundation (In Re Nash)Court of Appeals for the First Circuit · 2006

67 more not listed; retrieve them via the Exa API.

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