Legal Opinion

Hemar Insurance v. Cox

Court of Appeals for the Eleventh Circuit

Decided July 23, 2003No. 02-10788PublishedCited by 114 opinions

1Per curiam

I. INTRODUCTION

Appellant, Ronald Jay Cox (Cox) filed a petition seeking protection from his creditors pursuant to Chapter 7 of the Bankruptcy Code, with the United States Bank ruptcy Court for the Northern District of Georgia. As a part of his petition, he filed an adversary proceeding under 11 U.S.C. § 523(a)(8) 1 ; claiming that repayment of his student loans will result in “undue hardship” and seeking a full discharge of his student loan indebtedness.

This Circuit has yet to adopt a specific standard for determining “undue hardship” under § 523(a)(8). For the reasons stated herein, we adopt…

2Cases cited12 opinions

  1. Caminetti v. United StatesSupreme Court of the United States · 1917
  2. Morton v. MancariSupreme Court of the United States · 1974
  3. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  4. Walter Burnes v. Pemco AeroplexCourt of Appeals for the Eleventh Circuit · 2002
  5. In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993

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

3Cited by114 opinions

  1. In Re Sandra Jane Frushour, Debtor. Educational Credit Management Corporation v. Sandra Jane FrushourCourt of Appeals for the Fourth Circuit · 2005
  2. Educational Credit Management Corp. v. PolleysCourt of Appeals for the Tenth Circuit · 2004
  3. In Re: Michael J. Oyler, Debtor. Michael J. Oyler v. Educational Credit Management CorporationCourt of Appeals for the Sixth Circuit · 2005
  4. Alderete v. Educational Credit Management Corp.Court of Appeals for the Tenth Circuit · 2005
  5. United States Department of Education v. Gerhardt (In Re Gerhardt)Court of Appeals for the Fifth Circuit · 2003

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

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