Legal Opinion
Decena v. Citizens Bank (In re Decena)
United States Bankruptcy Court, E.D. New York
Decided April 4, 2016No. Case No.: 15-72903-reg; Adv. Proc. No. 15-8275-regPublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM DECISION
Robert E. Grossman, United States Bankruptcy Judge
Before the Court is the Debtor’s motion asking the Court to find that an obligation of approximately $161,000 in education-related debt should be discharged in this bankruptcy case. The Defendant, Citizens Bank (“Citizens”), did not file an answer. The Court noted the default, and the Debt- or filed the instant motion for default judgment.
The Debtor does, not argue that repaying debt would be an “undue hardship” as that term is used under the Code. Rather, she argues that the subject loans do not fit within the parameters of…
2Cases cited19 opinions
- Russello v. United StatesSupreme Court of the United States · 1983
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- Gustafson v. Alloyd Co.Supreme Court of the United States · 1995
- MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
- Au Bon Pain Corporation v. Artect, Inc., Douglas Kahn and Max GordonCourt of Appeals for the Second Circuit · 1981
14 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Homaidan v. SLM Corp. (In re Homaidan)United States Bankruptcy Court, E.D. New York · 2019
- Cleveland v. Educational Credit Management Corp. (In re Cleveland)United States Bankruptcy Court, N.D. Georgia · 2016
- In Re Hilal K. HomaidanCourt of Appeals for the Second Circuit · 2021
- In re: Edward Dudley, Sr.District Court, S.D. Ohio · 2020
- Love, Jr v. United States Department of EducationUnited States Bankruptcy Court, D. Kansas · 2021
1 more not listed; retrieve them via the Exa API.