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Legal Opinion

Dolph v. Pennsylvania Higher Education, Assistance Agency (In Re Dolph)

Bankruptcy Appellate Panel of the Sixth Circuit

Decided January 29, 1998No. BAP 97-8091PublishedCited by 38 opinions

1Opinion of the Court

OPINION

The bankruptcy court determined that the student loan obligation of the Debtor-Appel-lee, Ronald William Dolph, was dischargeable under the “undue hardship” provision of 11 U.S.C. § 523(a)(8)(B). The Panel vacates the order discharging the student loans and remands the case for required factual findings.

I. ISSUE ON APPEAL

Although the general issue on appeal is whether the Debtor’s student loans are dis-chargeable under 11 U.S.C. § 523(a)(8)(B), the more specific issue presented is whether the bankruptcy court, applying the test approved in Cheesman v. Tennessee Student Assistance Corp.…

2Cases cited12 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 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
  4. In Re Gladys Marie Andrews, Debtor. Gladys Marie Andrews v. South Dakota Student Loan Assistance CorporationCourt of Appeals for the Eighth Circuit · 1981
  5. In Re Weiner Merchant, Debtor. Andrews University v. Weiner MerchantCourt of Appeals for the Sixth Circuit · 1992

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

3Cited by38 opinions

  1. In Re Ernest J. Pena Julie Pena, Debtors, United Student Aid Funds, Inc. v. Ernest J. Pena Julie PenaCourt of Appeals for the Ninth Circuit · 1998
  2. Hamo v. Wilson (In Re Hamo)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
  3. United Student Aid Funds Inc. v. Taylor (In Re Taylor)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  4. Green v. Sallie Mae Servicing Corp. (In Re Green)United States Bankruptcy Court, N.D. Ohio · 1999
  5. Ruehle v. Educational Credit Management Corp. (In Re Ruehle)Bankruptcy Appellate Panel of the Sixth Circuit · 2004

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

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