Legal Opinion

In Re Virginia M. Pelkowski A/K/A Virginia M. Dodd, Debtor, Ohio Student Loan Commission, the Loan Servicing Center, James K. McNamara Esq., Trustee

Court of Appeals for the Third Circuit

Decided March 24, 1993No. 92-3309PublishedCited by 113 opinions

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Chief Judge.

The issue before us, whether a non-student co-obligor of a guaranteed educational loan may be discharged from that debt in bankruptcy without proving one of the statutory exceptions, is one of first impression in the courts of appeals. Over the last ten years, the bankruptcy courts have divided on this issue, 1 although the three district courts to have considered it have decided against discharge. 2

I

Facts and Procedural History

The relevant facts were stipulated in the bankruptcy court. Appellant Virginia M. Pelkowski, a/k/a Virginia M. Dodd, filed a…

2Cases cited32 opinions

  1. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  2. Albernaz v. United StatesSupreme Court of the United States · 1981
  3. Standefer v. United StatesSupreme Court of the United States · 1980
  4. Kokoszka v. BelfordSupreme Court of the United States · 1974
  5. In Re Weiner Merchant, Debtor. Andrews University v. Weiner MerchantCourt of Appeals for the Sixth Circuit · 1992

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3Cited by113 opinions

  1. Gregory Fogleman v. Mercy Hospital, IncCourt of Appeals for the Third Circuit · 2002
  2. T I Federal Credit Union v. DelBonisCourt of Appeals for the First Circuit · 1995
  3. In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo FaishCourt of Appeals for the Third Circuit · 1996
  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. 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

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

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