Legal Opinion
Essangui v. SLF V-2015 Trust (In re Essangui)
United States Bankruptcy Court, D. Maryland
Decided October 2, 2017No. Case No. 16-12984-MMH; Adv. No. 16-00201-MMHPublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION
MICHELLE M. HARNER, U.S. BANKRUPTCY JUDGE
In general, a debtor cannot obtain a discharge of student loan obligations in a bankruptcy case. That general principle is, however, subject to certain qualifications. The most frequently discussed is a debt- or’s ability to seek a hardship discharge of the obligations under section 523(a)(8) of the U.S. Bankruptcy Code. 11 U.S.C. §§ 101, et seq. (the “Code”). Nevertheless, even before reaching the question of “hardship,” the Court must determine whether the student loan obligations at issue fall within the statutory categories…
2Cases cited37 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Duncan v. WalkerSupreme Court of the United States · 2001
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- Corley v. United StatesSupreme Court of the United States · 2009
- Monica Guessous v. Fairview Property InvestmentsCourt of Appeals for the Fourth Circuit · 2016
32 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Evan Crocker v. Navient Solutions, L.L.C.Court of Appeals for the Fifth Circuit · 2019
- McDaniel v. Navient Solutions, LLC (In re McDaniel)United States Bankruptcy Court, D. Colorado · 2018
- Crocker v. Navient Solutions, LLC (In re Crocker)United States Bankruptcy Court, S.D. Texas · 2018
- Evan Crocker v. Navient Solutions, L.L.C.Court of Appeals for the Fifth Circuit · 2019
- Hall v. Greenway Equipment, Inc.United States Bankruptcy Court, E.D. Arkansas · 2024
3 more not listed; retrieve them via the Exa API.