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Legal Opinion

Roosevelt University v. Oldham (In Re Oldham)

United States Bankruptcy Court, N.D. Illinois

Decided March 30, 1998No. 19-01985PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION

JOHN H. SQUIRES, Bankruptcy Judge.

This matter comes on for a determination of the dischargeability of a debt pursuant to 11 U.S.C. § 523(a)(8)(A) incurred by Margaret Oldham (the “Debtor”) for unpaid tuition owed to Roosevelt University (the “Creditor”). The defense is that the debt is not for “an educational benefit overpayment” or a “loan” for purposes of the statute. The Court holds that an extension of credit for unpaid tuition evidenced by a promissory note constitutes a “loan” for purposes of § 523(a)(8)(A) even though no money exchanged hands between the Creditor and…

2Cases cited28 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
  3. United States v. Randall K. WoodCourt of Appeals for the Seventh Circuit · 1991
  4. In the Matter of Richard C. Scarlata, Debtor. Goldberg Securities, Inc. v. Richard C. Scarlata, Debtor-AppelleeCourt of Appeals for the Seventh Circuit · 1993
  5. Meyer v. RigdonCourt of Appeals for the Seventh Circuit · 1994

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

3Cited by12 opinions

  1. In Re: Kevin Renshaw, Debtor. Cazenovia College v. Kevin Renshaw, in Re: David W. Regner, Debtor. The College of Saint Rose v. David W. RegnerCourt of Appeals for the Second Circuit · 2000
  2. In re ChambersCourt of Appeals for the Seventh Circuit · 2003
  3. DePasquale v. Boston University School of Dentistry (In Re DePasquale)Bankruptcy Appellate Panel of the First Circuit · 1998
  4. Gakinya v. Columbia College (In Re Gakinya)United States Bankruptcy Court, W.D. Missouri · 2007
  5. President of Ohio University v. Hawkins (In Re Hawkins)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004

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

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