Legal Opinion
Windland v. U.S. Department of Education (In Re Windland)
United States Bankruptcy Court, N.D. Ohio
Decided September 27, 1996No. 19-60117PublishedCited by 12 opinions
1Opinion of the Court
ORDER GRANTING DEBTOR’S MOTION TO DISCHARGE DEBT
MARILYN SHEA-STONUM, Bankruptcy Judge.
This adversary proceeding was commenced upon the Plaintiff-Debtor’s filing of a Complaint to Determine Dischargeability of Debt pursuant to 11 U.S.C. § 523(a)(8)(B). At issue are student loans that were federally guaranteed and came due less than seven years before the date of the filing of the Plaintiffs bankruptcy petition. Thus, the only basis for permitting their discharge would be the Debtor’s establishing that requiring their repayment would impose an “undue hardship” on the Debtor and her dependents.…
2Cases cited14 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Landreth Timber Co. v. LandrethSupreme Court of the United States · 1985
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lebovits v. Chase Manhattan Bank (In Re Lebovits)United States Bankruptcy Court, E.D. New York · 1998
- United States Department of Education v. Wallace (In Re Wallace)District Court, C.D. California · 2000
- Elmore v. Massachusetts Higher Education Assistance Corp. (In Re Elmore)United States Bankruptcy Court, D. Connecticut · 1999
- Salinas v. United Student Aid Funds, Inc. (In Re Salinas)United States Bankruptcy Court, W.D. Wisconsin · 1999
- Stein v. Bank of New England, N.A. (In Re Stein)United States Bankruptcy Court, D. Connecticut · 1998
7 more not listed; retrieve them via the Exa API.