Legal Opinion
In Re Ernest J. Pena Julie Pena, Debtors, United Student Aid Funds, Inc. v. Ernest J. Pena Julie Pena
Court of Appeals for the Ninth Circuit
Decided September 11, 1998No. 97-16012PublishedCited by 158 opinions
1Opinion of the Court
DAVID R. THOMPSON, Circuit Judge:
Debtor-Appellees Ernest and Julie Pena sought a bankruptcy court discharge of government insured student loans which were guaranteed by appellant United Student Aid Funds, Inc. (USA Funds). The Penas contended the loans were dischargeable in bankruptcy because payment of them would impose an undue hardship within the meaning of 11 U.S.C. § 523(a)(8)(B). The bankruptcy court agreed and discharged the loans. The BAP affirmed. USA Funds now appeals. We have jurisdiction pursuant to 28 U.S.C. § 158(d) and we affirm.
STANDARD OF REVIEW
“Because this court is in as…
2Cases cited22 opinions
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Bankr. L. Rep. P 70,935 Vance L. Ragsdale v. John Frederick Haller AKA Fred HallerCourt of Appeals for the Ninth Circuit · 1986
- In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
- In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo FaishCourt of Appeals for the Third Circuit · 1996
- Brunner v. New York State Higher Education Services Corp. (In Re Brunner)District Court, S.D. New York · 1985
17 more not listed; retrieve them via the Exa API.
3Cited by158 opinions
- Educational Credit Management Corp. v. PolleysCourt of Appeals for the Tenth Circuit · 2004
- In Re Dennis Leroy Saxman, Debtor, Dennis Leroy Saxman v. Educational Credit Management Corporation, and Department of EducationCourt of Appeals for the Ninth Circuit · 2003
- In Re: Michael J. Oyler, Debtor. Michael J. Oyler v. Educational Credit Management CorporationCourt of Appeals for the Sixth Circuit · 2005
- In the Matter Of: Timothy Gerard O'hearn, Debtor, Timothy Gerard O'Hearn v. Educational Credit Management CorporationCourt of Appeals for the Seventh Circuit · 2003
- Beauchamp v. Hoose (In Re Beauchamp)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
153 more not listed; retrieve them via the Exa API.