Legal Opinion
Kelly v. Michigan Finance Authority-Student Loan Programs (In re Kelly)
United States Bankruptcy Court, M.D. Florida
Decided August 7, 2013No. Case No. 6:12-bk-05288-KSJ; Adversary No. 6:12-ap-00102-KSJPublishedCited by 1 opinion
1Opinion of the Court
Chapter 7
MEMORANDUM OPINION DENYING PLAINTIFFS’ RELIEF SOUGHT UNDER 523(a)(8)
KAREN S. JENNEMANN, Chief United States Bankruptcy Judge
Plaintiffs, Adam and Lisa Kelly, borrowed more than $160,000 from the Defendants to fund their educations.1 They now seek to discharge their student loans under § 523(a)(8) of the Bankruptcy Code2 *232arguing the debt imposes an undue hardship on them and their dependents.3 All of the Defendants, National Collegiate Trust (“NOT”), Educational Credit Management Corporation (“ECMC”), Michigan Finance Authority (“MFA”), and the U.S. Department of Education (“DOE”),…
2Cases cited10 opinions
- Hemar Insurance v. CoxCourt of Appeals for the Eleventh Circuit · 2003
- Ivory v. United States (In Re Ivory)United States Bankruptcy Court, N.D. Alabama · 2001
- Educational Credit Management Corp. v. StanleyDistrict Court, N.D. Florida · 2003
- Douglas v. Educational Credit Management Corp. (In Re Douglas)United States Bankruptcy Court, M.D. Georgia · 2007
- In Re MallinckrodtDistrict Court, S.D. Florida · 2002
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3Cited by1 opinion
- Murrell v. U.S. Department of EducationUnited States Bankruptcy Court, N.D. Ohio · 2019