Legal Opinion

Emnett v. United States (In Re Emnett)

United States Bankruptcy Court, E.D. Kentucky

Decided April 18, 1991No. 19-60222PublishedCited by 18 opinions

1Opinion of the Court

MEMORANDUM OPINION

CLIVE W. BARE, Bankruptcy Judge.

William Proctor Emnett (Emnett), the above debtor, seeks to discharge a Health Education Assistance Loan (HEAL) debt pursuant to the provisions of 42 U.S.C. § 294f(g). The parties agree that only paragraph 2 of that section, allowing discharge “upon a finding by the Bankruptcy Court that the nondischarge of such debt would be unconscionable,” is in dispute. 1 Trial was held March 27, 1991. Trial stipulations and exhibits have been filed. Also, the parties have agreed that the Statement of Pacts, pages 1 to 14 of Plaintiff’s Trial Brief, filed…

2Cases cited6 opinions

  1. In the Matter of Frederick G. Johnson and Vallera J. Johnson, A/k/a, Vallera K. Joyner, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1986
  2. Hines v. United States (In Re Hines)United States Bankruptcy Court, D. South Dakota · 1986
  3. United States v. LeeDistrict Court, N.D. Georgia · 1987
  4. United States v. Quinn (In Re Quinn)United States Bankruptcy Court, M.D. Florida · 1989
  5. United States v. Green (In Re Green)United States Bankruptcy Court, N.D. Illinois · 1988

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. In Re Ronald L. Rice and Deborah F. Rice, Debtors. Ronald L. Rice v. United StatesCourt of Appeals for the Sixth Circuit · 1996
  2. U.S. Department of Health & Human Services, and Great Lakes Higher Education Servicing Corporation, Agent for Associated Bank v. Zane Todd SmitleyCourt of Appeals for the Fourth Circuit · 2003
  3. Barrows v. Illinois Student Assistance Commission (In Re Barrows)United States Bankruptcy Court, D. New Hampshire · 1994
  4. In Re WhiteUnited States Bankruptcy Court, N.D. Alabama · 1999
  5. In Re MalloyDistrict Court, E.D. Virginia · 1993

13 more not listed; retrieve them via the Exa API.

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