Legal Opinion
Smith v. United States Department of Education (In re Smith)
United States Bankruptcy Court, D. Massachusetts
Decided October 1, 2013No. Bankruptcy No. 12-13831-FJB; Adversary No. 12-1220PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
FRANK J. BAILEY, Bankruptcy Judge.
This matter was held for trial on the complaint of chapter 7 debtor Bertha Smith (the “Debtor”) for a declaration under 11 U.S.C. § 523(a)(8) that her debts to the United States Department of Education (the “DOE”), which debts arise from an individual student loan and a Parent PLUS loan, both held by the DOE, are dischargeable because it would be an undue hardship for her to repay them. The DOE opposes the complaint. For the reasons set forth below, judgment shall enter for the DOE on one loan and for the Debtor on the other loan.
PROCEDUR…
2Cases cited20 opinions
- T I Federal Credit Union v. DelBonisCourt of Appeals for the First Circuit · 1995
- Educational Credit Management Corp. v. JespersonCourt of Appeals for the Eighth Circuit · 2009
- Education Resources Institute, Inc. v. Hammarstrom (In Re Hammarstrom)United States Bankruptcy Court, N.D. California · 1989
- Nash v. Connecticut Student Loan Foundation (In Re Nash)Court of Appeals for the First Circuit · 2006
- Hicks v. Educational Credit Management Corp. (In Re Hicks)United States Bankruptcy Court, D. Massachusetts · 2005
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3Cited by4 opinions
- Ablavsky v. United States Department of Education (In re Ablavsky)United States Bankruptcy Court, D. Massachusetts · 2014
- Parvizi v. U.S. Department of Education(Great Lakes BorrowersUnited States Bankruptcy Court, D. Massachusetts · 2021
- Parvizi v. U.S. Department of Education(Great Lakes BorrowersUnited States Bankruptcy Court, D. Massachusetts · 2021
- Tamara Parvizi v. United StatesBankruptcy Appellate Panel of the First Circuit · 2022