Legal Opinion
D'Youville College v. Tucker (In re Tucker)
United States Bankruptcy Court, W.D. New York
Decided November 1, 2016No. Case No. 15-12185 K; AP No. 16-1001 KPublished
1Opinion of the Court
OPINION AND ORDER
Michael J. Kaplan, U.S.B.J.
Once again this Court is presented with the question as to whether a financial agreement between a student and an edu*207cational institution qualifies as a student loan that is non-dischargeable under 11 U.S.C. § 523(a)(8).1
Chief Judge Bucki has issued two decisions within the past eighteen months in which the same institution, D’Youville College, filed Adversary Proceedings asking the Court to rule that the Debtors’ obligations to pay tuition and fees to the College qualified as a non-dischargeable educational loan. Due to the fact patterns being…
2Cases cited8 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Grogan v. GarnerSupreme Court of the United States · 1991
- Coach Leatherware Co. v. Anntaylor, Inc.Court of Appeals for the Second Circuit · 1991
- 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
- In re Grand Union Co.Court of Appeals for the Second Circuit · 1914
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