Legal Opinion
Armesto v. New York State Higher Education Services Corp. (In Re Armesto)
United States Bankruptcy Court, W.D. New York
Decided August 21, 2003No. 1-19-10415PublishedCited by 4 opinions
1Opinion of the Court
CARL L. BUCKI, Bankruptcy Judge.
This case presents the issue of how ownership of an exempt asset will impact the determination of whether the repayment of student loans creates an undue hardship for a debtor.
From 1970 to 1974, Christine Armesto borrowed $5,750 to finance her attendance at Villa Maria College and SUNY College at Buffalo. The outstanding loan balances totaled $5,891.48 as of March 8,1976, when the New York State Higher Education Services Corporation (“NYSHESC”) acquired the loans pursuant to its statutory guarantee. In the more than two decades since that event, Ms. Armesto has…
2Cases cited4 opinions
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Wetzel v. New York State Higher Education Services Corp. (In Re Wetzel)United States Bankruptcy Court, N.D. New York · 1996
- Kraft v. New York State Higher Education Services Corp. (In Re Kraft)United States Bankruptcy Court, W.D. New York · 1993
- In Re TrautmanUnited States Bankruptcy Court, W.D. New York · 2003
3Cited by4 opinions
- Schatz v. Access Grp., Inc. (In re Schatz)Bankruptcy Appellate Panel of the First Circuit · 2019
- Porrazzo v. Educational Credit Management Corp. (In Re Porrazzo)United States Bankruptcy Court, D. Connecticut · 2004
- Schatz v. U.S. Dep't of Educ., Acs Loan Servicing, Inc. (In re Schatz)United States Bankruptcy Court, D. Massachusetts · 2018
- Audrey Schatz v. Access Group, Inc.Bankruptcy Appellate Panel of the First Circuit · 2019