Legal Opinion
Hamilton v. U.S. Department of Education (In Re Hamilton)
United States Bankruptcy Court, D. Montana
Decided March 5, 2007No. 17-60576PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
RALPH B. KIRSCHER, Bankruptcy Judge.
In this adversary proceeding the Plaintiff/Debtor David Hamilton (“David”) seeks a determination that excepting debt from three (3) educational loans in the approximate amount of $32,154.62 from his discharge would impose an undue hardship on him under 11 U.S.C. § 523(a)(8). Defendant North Carolina State Educational Assistance Authority (“NCSEAA”) opposes David’s claim for relief. After trial of this cause and review of the parties’ briefs, the record and applicable law, a separate Judgment will be entered in favor of the Plaintiff…
2Cases cited33 opinions
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Angela Bernhardt v. Los Angeles County Lloyd W. Pellman, Individually and in His Official CapacityCourt of Appeals for the Ninth Circuit · 2003
- In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
- In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo FaishCourt of Appeals for the Third Circuit · 1996
- Brunner v. New York State Higher Education Services Corp. (In Re Brunner)District Court, S.D. New York · 1985
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3Cited by4 opinions
- Roth v. Educational Credit Management Corp. (In Re Roth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
- In Re WelshUnited States Bankruptcy Court, D. Montana · 2010
- In Re MartellaroUnited States Bankruptcy Court, D. Montana · 2008
- Price v. DeVos (In re Price)United States Bankruptcy Court, E.D. Pennsylvania · 2017