Legal Opinion

U.S. Department of Health & Human Services, and Great Lakes Higher Education Servicing Corporation, Agent for Associated Bank v. Zane Todd Smitley

Court of Appeals for the Fourth Circuit

Decided October 20, 2003No. 02-2056PublishedCited by 35 opinions

1Opinion of the Court

Reversed by published opinion. Judge DIANA GRIBBON MOTZ wrote the majority opinion, in which Judge KING joined. Judge MICHAEL wrote a dissenting opinion.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In this Chapter 7 case, the United States Department of Health and Human Services (HHS) appeals the district court order affirming the bankruptcy court’s discharge of the Health Education Assistance Loans (“HEAL loans”) of Zane Todd Smit-ley. Because the district court erred in holding that nondischarge of the HEAL loans would be unconscionable, as is required by 42 U.S.C.A. § 292f(g) (West 2003), we…

2Cases cited21 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  3. Walters v. Metropolitan Educational Enterprises, Inc.Supreme Court of the United States · 1997
  4. United States v. Randall K. WoodCourt of Appeals for the Seventh Circuit · 1991
  5. In Re: Nanci Anne Long Debtor. Nanci Anne Long v. Educational Credit Management CorporationCourt of Appeals for the Eighth Circuit · 2003

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

3Cited by35 opinions

  1. In Re Sandra Jane Frushour, Debtor. Educational Credit Management Corporation v. Sandra Jane FrushourCourt of Appeals for the Fourth Circuit · 2005
  2. Stancill v. Harford Sands Inc. (In re Harford Sands Inc.)Court of Appeals for the Fourth Circuit · 2004
  3. Burton v. Educational Credit Management Corp. (In Re Burton)United States Bankruptcy Court, E.D. Virginia · 2006
  4. Meson v. GATX Technology Services Corp.Court of Appeals for the Fourth Circuit · 2007
  5. Servando Galvan v. Merrick GarlandCourt of Appeals for the Fourth Circuit · 2021

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

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