Legal Opinion

Afflitto v. United States (In Re Afflitto)

United States Bankruptcy Court, W.D. Tennessee

Decided December 18, 2001No. 19-10026PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION ON DEBTOR’S COMPLAINT TO DETERMINE DISCHARGEABILITY OF STUDENT LOAN DEBT

WILLIAM H. BROWN, Bankruptcy Judge.

OPINION

This adversary proceeding is before the Court on the Plaintiff-Debtor’s (“Debtor”) complaint to determine the dischargeability of his consolidated and federally-guaranteed student loan. The Debtor alleges that his student loan is dischargeable in his chapter 7 bankruptcy case because repayment of the loan under the circumstances existing would impose an undue hardship on the Debtor as contemplated under 11 U.S.C. § 523(a)(8). The Defendant, the United States of…

2Cases cited10 opinions

  1. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
  2. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  3. 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
  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 Weiner Merchant, Debtor. Andrews University v. Weiner MerchantCourt of Appeals for the Sixth Circuit · 1992

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3Cited by6 opinions

  1. Educational Credit Management Corp. v. PolleysCourt of Appeals for the Tenth Circuit · 2004
  2. Cota v. U.S. Department of Education (In Re Cota)United States Bankruptcy Court, D. Arizona · 2003
  3. Education Credit Management Corp. v. Howe (In Re Howe)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  4. Lamanna v. EFS Services, Inc. (In Re Lamanna)United States Bankruptcy Court, D. Rhode Island · 2002
  5. Lamento v. U.S. Dept. of Education (In re Lamento)United States Bankruptcy Court, N.D. Ohio · 2014

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