Legal Opinion

United Student Aid Funds, Inc. v. Nascimento (In Re Nascimento)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided September 16, 1999No. BAP No. EC-98-1938-MeRBa. Bankruptcy No. 97-22098-C-7. Adversary No. 98-2369PublishedCited by 46 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge.

I

After a trial, the court entered judgment in favor of the Debtor and determined that the student loan obligation owing to the Appellant was not excepted from the discharge under § 523(a)(8).

We REVERSE AND REMAND.

II

FACTS

The Debtor is a 40 year old veterinarian. She consolidated several student loans in 1994, which totaled $85,855 by the time of trial. This sum included accrued interest but not collection costs. At the beginning of the trial, the lender irrevocably reduced the balance to $65,000 at 5% interest and then at closing argument further reduced the…

2Cases cited6 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  3. In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo FaishCourt of Appeals for the Third Circuit · 1996
  4. In Re: Steven Lynn Hornsby Teresa Lynn Hornsby, Debtors. Tennessee Student Assistance Corporation v. Steven Lynn Hornsby Teresa Lynn HornsbyCourt of Appeals for the Sixth Circuit · 1998
  5. In Re Ernest J. Pena Julie Pena, Debtors, United Student Aid Funds, Inc. v. Ernest J. Pena Julie PenaCourt of Appeals for the Ninth Circuit · 1998

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3Cited by46 opinions

  1. In Re ROSEMARY RIFINOCourt of Appeals for the Ninth Circuit · 2001
  2. Pennsylvania Higher Education Assistance Agency v. Birrane (In Re Birrane)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  3. Nys v. Educational Credit Management Corp. (In Re Nys)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  4. In Re Keith Mason, Debtor, Educational Credit Management Corporation v. Keith MasonCourt of Appeals for the Ninth Circuit · 2006
  5. Ritchie v. Northwest Education Loan Ass'n (In Re Ritchie)United States Bankruptcy Court, D. Idaho · 2000

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

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