Legal Opinion
Hurley v. United States (In Re Hurley)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided June 26, 2019No. BAP WW-18-1259-BKuF; Bk. 2:16-bk-13155-TWD; Adv. 2:17-ap-01025-TWDPublishedCited by 4 opinions
1Opinion of the Court
BRAND, Bankruptcy Judge:
INTRODUCTION
Appellant Paul Hurley appeals a summary judgment order in favor of the United States and Accesslex Institute, dba Access Group (together, "Defendants"). The bankruptcy court determined that, given Hurley's legal background and the nature of his criminal conduct, he was unable to establish good faith under Brunner 1 and therefore was not entitled to a hardship discharge of his student loans under § 523(a)(8). 2 We AFFIRM.
I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY
A. Prepetition events
Hurley received his law degree in 2004 and his L.L.M. in tax in 2006. He…
2Cases cited15 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Shannon Casey v. Albertson's Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2004
- Brunner v. New York State Higher Education Services Corp. (In Re Brunner)District Court, S.D. New York · 1985
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3Cited by4 opinions
- DiFrancesco v. U.S. Department of EducationUnited States Bankruptcy Court, M.D. Pennsylvania · 2019
- Hopkins v. Freedom Mortgage CorporationUnited States Bankruptcy Court, D. Idaho · 2019
- In re: Joseph James Promisco v. United States Department of EducationUnited States Bankruptcy Court, N.D. Illinois · 2021
- Mathis v. United States Department of EducationUnited States Bankruptcy Court, C.D. California · 2021