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Legal Opinion

Rudnicki v. Southern College of Optometry (In Re Rudnicki)

Bankruptcy Appellate Panel of the Sixth Circuit

Decided January 13, 1999No. BAP 98-8017PublishedCited by 18 opinions

1Opinion of the Court

OPINION

This appeal concerns the effect of loan consolidation on the calculation of the seven year period for the nondischargeability of student loans under (former) 1 11 U.S.C. § 523(a)(8)(A). The bankruptcy court determined that the date the original student loans first became due governed calculation of the seven year nondischargeability period. We find contrary intent in § 523(a)(8) and hold that the seven year period is counted from the date the consolidated loan first be came due. Accordingly, we reverse the bankruptcy court.

I.ISSUE ON APPEAL

Whether the seven year period of…

2Cases cited7 opinions

  1. Bankr. L. Rep. P 75,948 in Re Kenneth L. Isaacman, Debtor. J.E. Nicholson, Jr. v. Kenneth L. IsaacmanCourt of Appeals for the Sixth Circuit · 1994
  2. In Re Weiner Merchant, Debtor. Andrews University v. Weiner MerchantCourt of Appeals for the Sixth Circuit · 1992
  3. Jennifer Lee Hiatt v. Indiana State Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1994
  4. Dolph v. Pennsylvania Higher Education, Assistance Agency (In Re Dolph)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
  5. National City Bank v. Plechaty (In Re Plechaty)Bankruptcy Appellate Panel of the Sixth Circuit · 1997

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3Cited by18 opinions

  1. Kopf v. United States Department of Education (In Re Kopf)United States Bankruptcy Court, D. Maine · 2000
  2. United Student Aid Funds v. Flint (In Re Flint)District Court, E.D. Michigan · 1999
  3. Tift County Hospital Authority v. Nies (In Re Nies)United States Bankruptcy Court, D. Massachusetts · 2005
  4. In Re McBurneyUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  5. Drysdale v. Educational Credit Management Corp. (In Re Drysdale)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000

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

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