Legal Opinion

Fabrizio v. U.S. Department of Education Borrower Services Department Direct Loans (In Re Fabrizio)

United States Bankruptcy Court, W.D. Pennsylvania

Decided April 25, 2007No. 19-10130PublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM OPINION

THOMAS P. AGRESTI, Bankruptcy Judge.

Currently before the Court is the Defendant’s Motion for Summary Judgment filed by the U.S. Department of Education Borrower Services Department Direct Loans (“Defendant”) seeking dismissal of the Debtor’s Adversary Proceeding filed pursuant to 11 U.S.C. § 523(a)(8) in an attempt to discharge a prepetition educational loan. For the reasons expressed below, the Defendant’s Motion for Summary Judgment is granted since no genuine issue of material fact exists as to the central claim in this dispute. 1

PROCEDURAL AND FACTUAL HISTORY

On October…

2Cases cited29 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  4. Boyle v. County Of Allegheny PennsylvaniaCourt of Appeals for the Third Circuit · 1998
  5. National State Bank v. Federal Reserve Bank of New York Community Guardian Bank Uniport Company, Inc. Sang B. Lee Federal Reserve Bank of New YorkCourt of Appeals for the Third Circuit · 1992

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3Cited by19 opinions

  1. Roundtree-Crawley v. Educational Credit Management Corp. (In Re Crawley)United States Bankruptcy Court, E.D. Pennsylvania · 2011
  2. McKinney v. McKinney (In re McKinney)United States Bankruptcy Court, W.D. Pennsylvania · 2014
  3. Goforth v. United States of America Department of Education (In Re Goforth)United States Bankruptcy Court, W.D. Pennsylvania · 2012
  4. Wells v. Sallie Mae (Wells)United States Bankruptcy Court, N.D. New York · 2007
  5. Flickinger-Luther v. ECMC (In re Flickinger-Luther)United States Bankruptcy Court, W.D. Pennsylvania · 2012

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