Legal Opinion
Institute of Imaginal Studies v. Christoff (In re Christoff)
United States Bankruptcy Court, N.D. California
Decided June 13, 2014No. Bankruptcy Case No. 13-10808DM; Adversary Proceeding No. 13-3186DMPublishedCited by 4 opinions
1Opinion of the Court
Chapter 7
MEMORANDUM DECISION REGARDING DISCHARGEABILITY OF EDUCATION LOAN
DENNIS MONTALI, U.S. Bankruptcy Judge
I. INTRODUCTION
The court is presented with an apparent case of first impression in this circuit: *877when a private educational institution finances a deferred payment of its tuition and related fees owed by one of its students that did not involve a third party loan or an exchange of funds, is that debt excepted from discharge under section 523(a)(8)?1
In addressing the issue court must consider two powerful competing principles: the need to give the honest debtor a fresh start2 and the…
2Cases cited16 opinions
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Central Virginia Community College v. KatzSupreme Court of the United States · 2006
- In Re Weiner Merchant, Debtor. Andrews University v. Weiner MerchantCourt of Appeals for the Sixth Circuit · 1992
- In Re: Kevin Renshaw, Debtor. Cazenovia College v. Kevin Renshaw, in Re: David W. Regner, Debtor. The College of Saint Rose v. David W. RegnerCourt of Appeals for the Second Circuit · 2000
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3Cited by4 opinions
- Institute of Imaginal Studies v. Christoff (In Re Christoff)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
- Dufrane v. Navient Solutions, Inc. (In re Dufrane)United States Bankruptcy Court, C.D. California · 2017
- D'Youville College v. Girdlestone (In re Girdlestone)United States Bankruptcy Court, W.D. New York · 2015
- In re: Tarra Nichole ChristoffUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2015