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Legal Opinion

Skaggs v. Great Lakes Higher Education Corp. (In Re Skaggs)

United States Bankruptcy Court, W.D. Oklahoma

Decided June 11, 1996No. 14-13390PublishedCited by 25 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

RICHARD L. BOHANON, Bankruptcy Judge.

This proceeding is before the court on a complaint to determine dischargeability of a student loan debt of roughly $47,000. There are two distinct issues. The first is a question of law and concerns the extent of the authority of a bankruptcy court to discharge student loans pursuant to 11 U.S.C. 523(a)(8)(B)? Is the authority sufficiently broad and discretionary, as urged by the defendant, to include the power to discharge only part of a loan or to modify its terms? Or, is the court’s authority restricted to a determination of…

2Cases cited16 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  3. Brunner v. New York State Higher Education Services Corp. (In Re Brunner)District Court, S.D. New York · 1985
  4. Bryant v. Pennsylvania Higher Education Assistance Agency (In Re Bryant)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  5. Albert v. Ohio Student Loan Commission (In Re Albert)United States Bankruptcy Court, N.D. Ohio · 1982

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

3Cited by25 opinions

  1. 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
  2. Andresen v. Nebraska Student Loan Program, Inc. (In Re Andresen)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
  3. United Student Aid Funds Inc. v. Taylor (In Re Taylor)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  4. Great Lakes Higher Education Corp. v. Brown (In Re Brown)District Court, S.D. California · 1999
  5. In Re WhiteUnited States Bankruptcy Court, N.D. Alabama · 1999

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

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