Legal Opinion

Hedlund v. EDUCATIONAL RESOURCES INSTITUTE, INC.

District Court, D. Oregon

Decided March 5, 2012No. Civil 11-6281-AAPublishedCited by 4 opinions

1Opinion of the Court

OPINION AND ORDER

AIKEN, Chief Judge.

Defendant Pennsylvania Higher Education Assistance Agency (“PHEAA”) appeals from the decision of the bankruptcy court, which partially discharged government-insured student loans held by plaintiff-appellee Michael Hedlund (“Hedlund”). The bankruptcy court held that full repayment of the loans would cause Hedlund an “undue hardship” within the meaning of 11 U.S.C. § 523(a)(8). It therefore discharged all amounts that Hedlund owed to PHEAA in excess of $32,080. For the reasons set forth below, the bankruptcy court’s decision is reversed.

BACKGROUND 1

Hedlund…

2Cases cited13 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  3. In Re Ernest J. Pena Julie Pena, Debtors, United Student Aid Funds, Inc. v. Ernest J. Pena Julie PenaCourt of Appeals for the Ninth Circuit · 1998
  4. In Re Dennis Leroy Saxman, Debtor, Dennis Leroy Saxman v. Educational Credit Management Corporation, and Department of EducationCourt of Appeals for the Ninth Circuit · 2003
  5. In Re SchwarzkopfCourt of Appeals for the Ninth Circuit · 2010

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3Cited by4 opinions

  1. Roth v. Educational Credit Management Corp. (In Re Roth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
  2. Educational Credit Management Corp. v. Jorgensen (In Re Jorgensen)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
  3. Michael Hedlund v. the Educational Resources InstCourt of Appeals for the Ninth Circuit · 2013
  4. Roth v. Educational Credit Management Corp. (In Re Roth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013

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