Legal Opinion
O'Brien v. First Marblehead Education Resources, Inc.
Court of Appeals for the Second Circuit
Decided August 15, 2005No. Docket No. 04-5333-BKPublishedCited by 13 opinions
1Per curiam
Introduction
This case presents a declaratory judgment action in which plaintiff-appellant-debtor seeks discharge of a debt owed to defendant-appellee-creditor. Specifically, Plaintiff-appellant disputes the lower courts’ findings that her debt on law school loans under the Law Access Loan Program cannot be discharged in bankruptcy. In our view, the statute renders plaintiff-appellant’s loan non-dischargeable; we now affirm.
Background
In 1995, pursuant to the Law Access Loan Program, O’Brien received the student loan now at issue from Key Bank in the amount of approximately $15,000. The loan…
2Cases cited5 opinions
- In Re Weiner Merchant, Debtor. Andrews University v. Weiner MerchantCourt of Appeals for the Sixth Circuit · 1992
- Education Resources Institute, Inc. v. Hammarstrom (In Re Hammarstrom)United States Bankruptcy Court, N.D. California · 1989
- Hemar Service Corp. of America, Inc. v. Pilcher (In Re Pilcher)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
- O'Brien v. First Marblehead Education Resources, Inc. (In Re O'Brien)United States Bankruptcy Court, S.D. New York · 2003
- In Re O'BrienUnited States Bankruptcy Court, S.D. New York · 2004
3Cited by13 opinions
- Jean-Baptiste v. Educ. Credit Mgmt. Corp. (In re Jean-Baptiste)United States Bankruptcy Court, E.D. New York · 2018
- Golden v. JP Morgan Chase Bankt (In re Golden)United States Bankruptcy Court, E.D. New York · 2019
- Greer-Allen v. Nat'l Collegiate Student Loan Trust 2005-1, Nat'l Collegiate Student Loan Trust 2005-3, (In re Greer-Allen)United States Bankruptcy Court, D. Massachusetts · 2019
- Channer v. Penn. Higher Educ. Assistance AgencyCourt of Appeals for the Second Circuit · 2020
- Didonato v. GS Services Limited PartnershipDistrict Court, S.D. New York · 2021
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