Legal Opinion

Tuttle v. Educ. Credit Mgmt. Corp. (In re Tuttle)

United States Bankruptcy Court, E.D. Wisconsin

Decided March 31, 2019No. Case No. 16-28259-beh; Adversary No. 17-02116PublishedCited by 12 opinions

1Opinion of the Court

Beth E. Hanan, United States Bankruptcy Judge

The debtor seeks to have his student loans, consolidated in 2001, discharged because he asserts that continued repayment would constitute an undue hardship. After obtaining a bachelor's and Master's degree, being employed and then self-employed for 19 years, the debtor ended his new job search in early 2016 after six weeks to stay home to care for his ailing parent, and then for his young child. As part of its argument against undue hardship, the lender seeks a determination that a trust, established by the debtor's mother shortly before her death…

2Cases cited36 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Grogan v. GarnerSupreme Court of the United States · 1991
  3. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  4. In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
  5. In the Matter Of: Timothy Gerard O'hearn, Debtor, Timothy Gerard O'Hearn v. Educational Credit Management CorporationCourt of Appeals for the Seventh Circuit · 2003

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3Cited by12 opinions

  1. Braun v. US Department of EducationUnited States Bankruptcy Court, E.D. Wisconsin · 2019
  2. Bukovics v. NavientUnited States Bankruptcy Court, N.D. Illinois · 2020
  3. Davis v. PHEAAUnited States Bankruptcy Court, N.D. Illinois · 2019
  4. Doris Rainbolt v. U.S. Dep’t of Education, et al.United States Bankruptcy Court, N.D. Illinois · 2026
  5. Gateway Radiology Consultants P.A. v. Carranza, in Her Capacity as Admin fo the U.S. SmaUnited States Bankruptcy Court, M.D. Florida · 2020

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