Legal Opinion
Kelly v. U.S. Department of Education (In re Kelly)
United States Bankruptcy Court, E.D. North Carolina
Decided March 24, 2016No. CASE NO. 14-05006-5-DMW; ADVERSARY PROCEEDING NO. 15-00064-5-DMWPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
David M. Warren, United States Bankruptcy Judge
This matter comes before the court upon the Motion for Summary Judgment (“Summary Judgment Motion”) filed by the United States of America, on behalf of its agency, the U.S. Department of Education (“Defendant”) on December 11, 2015 and the Response filed by Cynthia Diane Kelly (“Plaintiff’) on January 4, 2016. The court conducted a hearing on February 2, 2016 in Raleigh, North Carolina. Kimberly A Moore, Esq. appeared for the Defendant, and the Plaintiff appeared pro se.…
2Cases cited15 opinions
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo FaishCourt of Appeals for the Third Circuit · 1996
- In Re: Apex Express Corporation Humboldt Express, Incorporated, Debtors. Humboldt Express, Incorporated v. The Wise Company, IncorporatedCourt of Appeals for the Fourth Circuit · 1999
- In Re Sandra Jane Frushour, Debtor. Educational Credit Management Corporation v. Sandra Jane FrushourCourt of Appeals for the Fourth Circuit · 2005
- In Re: Michael J. Oyler, Debtor. Michael J. Oyler v. Educational Credit Management CorporationCourt of Appeals for the Sixth Circuit · 2005
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3Cited by4 opinions
- McInnis v. Phillips (In re Phillips)United States Bankruptcy Court, E.D. North Carolina · 2017
- Halatek v. William D. Ford Fed. Direct Loan (Direct Loan) Program (In re Halatek)United States Bankruptcy Court, E.D. North Carolina · 2018
- Ryan v. Defense Finance & Accounting Service (In re Ryan)United States Bankruptcy Court, E.D. North Carolina · 2017
- Ryan v. Defense Finance & Accounting Service (In re Ryan)United States Bankruptcy Court, E.D. North Carolina · 2017