Legal Opinion

Kashikar v. Turnstile Capital Management, LLC (In Re Kashikar)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 28, 2017No. BAP CC-16-1298-FLKu; Bk. 2:14-bk-23848-ER; Adv. 2:15-ap-01184-ERPublishedCited by 19 opinions

1Opinion of the Court

OPINION

FARIS, Bankruptcy Judge:

INTRODUCTION

Section 523(a)(8) of the Bankruptcy Code 1 provides that several categories of educational indebtedness are not dis-chargeable in bankruptcy unless the debt- or proves that paying the debt would impose undue hardship on the debtor or her dependents. Chapter 7 debtor Melissa Hoda Kashikar argues that her educational debt owed to Appellee Turnstile Capital Management LLC (“Turnstile”) is not covered by § 523(a)(8). The bankruptcy court declined to consider her argument concerning one of the categories of debt and held that her debt was included in the…

2Cases cited14 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. United States v. David SilvermanCourt of Appeals for the Ninth Circuit · 1988
  4. In Re ROSEMARY RIFINOCourt of Appeals for the Ninth Circuit · 2001
  5. Roth v. Educational Credit Management Corp. (In Re Roth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013

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3Cited by19 opinions

  1. Essangui v. SLF V-2015 Trust (In re Essangui)United States Bankruptcy Court, D. Maryland · 2017
  2. Crocker v. Navient Solutions, LLC (In re Crocker)United States Bankruptcy Court, S.D. Texas · 2018
  3. Johnson v. Sallie Mae, Inc. (In re Johnson)United States Bankruptcy Court, D. Kansas · 2017
  4. Hall v. Greenway Equipment, Inc.United States Bankruptcy Court, E.D. Arkansas · 2024
  5. In re: FRANK LANE ITALIANE, JR. andALICIA ITALIANEUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2021

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