Legal Opinion

Georgia Higher Education Assistance Corp. v. Broughton (In Re Broughton)

District Court, N.D. Georgia

Decided October 28, 1980No. Civ. A. C80-945A to C80-948APublishedCited by 5 opinions

1Opinion of the Court

ORDER

SHOOB, District Judge.

I. BACKGROUND

Each of these consolidated bankruptcy appeals 1 presents the following question of law: whether this Court shall affirm or reverse the bankruptcy courts below, which strictly applied the letter of the law despite clear indications that the law did not reflect the intent of Congress. Specifically, Congress inadvertently failed to mesh the repeal of 20 U.S.C. § 1087-3, a provision which limited the dischargeability in bankruptcy of certain student loan debts, with the effective date of the replacement provision in the new Bankruptcy Code. 2 § 317 of the…

2Cases cited16 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Sorrells v. United StatesSupreme Court of the United States · 1932
  3. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  4. Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Martin Weiner Corp.Court of Appeals for the Second Circuit · 1960
  5. United States v. BrownSupreme Court of the United States · 1948

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3Cited by5 opinions

  1. Aric Carnegia v. Georgia Higher Education Assistance CorporationCourt of Appeals for the Eleventh Circuit · 1982
  2. In Re GosmanUnited States Bankruptcy Court, S.D. Florida. · 2002
  3. Matter of FlaminiUnited States Bankruptcy Court, E.D. Michigan · 1982
  4. Connecticut Student Loan Foundation v. Williams (In Re Williams)United States Bankruptcy Court, E.D. Virginia · 1981
  5. Harvey Ex Rel. Widmann v. Lewandowski (In Re Lewandowski)United States Bankruptcy Court, M.D. Pennsylvania · 2005

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