Legal Opinion

Sexton v. PHEAA (In re Sexton)

United States Bankruptcy Court, W.D. Kentucky

Decided November 24, 2014No. Bankruptcy No. 13-30569; Adversary No. 13-03029PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM-OPINION

THOMAS H. FULTON, Bankruptcy Judge.

THIS ADVERSARY PROCEEDING comes before the Court following the trial held on October 6, 2014. Plaintiff seeks an *581Order from the Court concluding that Plaintiffs student loan debt may be discharged under 11 U.S.C. § 523(a)(8).1 As discussed below, the Court concludes that Plaintiffs loans may not be discharged.

This Court has jurisdiction over the subject matter and the parties under 28 U.S.C. §§ 1334 and 157(a). This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) and (I).

Findings of Fact

Plaintiff Jeffrey A. Sexton (“Mr. Sexton”)…

2Cases cited18 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 Sandra Jane Frushour, Debtor. Educational Credit Management Corporation v. Sandra Jane FrushourCourt of Appeals for the Fourth Circuit · 2005
  5. In Re: Michael J. Oyler, Debtor. Michael J. Oyler v. Educational Credit Management CorporationCourt of Appeals for the Sixth Circuit · 2005

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3Cited by2 opinions

  1. Hull v. Department of Education/NelNet Loan ServicesUnited States Bankruptcy Court, W.D. Kentucky · 2021
  2. Murrell v. U.S. Department of EducationUnited States Bankruptcy Court, N.D. Ohio · 2019

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