Legal Opinion

Shenk v. U.S. Dep't of Educ. (In re Shenk)

United States Bankruptcy Court, N.D. New York

Decided August 13, 2019No. Case No. 17-31377; Adv. Proc. No. 17-50016PublishedCited by 6 opinions

1Opinion of the Court

Margaret Cangilos-Ruiz, United States Bankruptcy Judge

Timothy J. Shenk, Sr. ("Debtor") brought this adversary proceeding against U.S. Department of Education ("U.S. Dep't. Ed."), State of New York and State University of New York College at Cortland ("SUNY Cortland" and, together with State of New York, "State Defendants"). The initial complaint (Doc. 1) was procedurally defective and per court order, Debtor filed an amended complaint ("Complaint"). 1

*674Doc. 21. The Complaint stated four counts seeking declaratory and injunctive relief that: (i) Debtor's federal student loans be discharged, (ii)…

2Cases cited18 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  3. Benjamin Cruz v. Giovanny Gomez, I/o and Classification CommitteeCourt of Appeals for the Second Circuit · 2000
  4. Easterling v. Collecto, Inc.Court of Appeals for the Second Circuit · 2012
  5. Thoms v. Educational Credit Management Corp. (In Re Thoms)United States Bankruptcy Court, S.D. New York · 2001

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3Cited by6 opinions

  1. Gesinde v. U.S. Department of EducationUnited States Bankruptcy Court, S.D. New York · 2019
  2. Hlady v. American Education ServicesUnited States Bankruptcy Court, E.D. New York · 2020
  3. In Re: Educational Credit Management CorporationDistrict Court, S.D. New York · 2021
  4. Latson v. US Department of EducationUnited States Bankruptcy Court, N.D. Ohio · 2021
  5. Little v. U.S. Department of EducationUnited States Bankruptcy Court, N.D. Texas · 2019

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

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