Legal Opinion

Gharavi v. U.S. Department of Education & Educational Credit Management Corp. (In Re Gharavi)

United States Bankruptcy Court, D. Massachusetts

Decided January 10, 2006No. 19-30120PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

WILLIAM C. HILLMAN, Bankruptcy Judge.

I. Introduction

Plaintiff Minoo Gharavi (the “Debtor”) filed an adversary proceeding seeking the discharge of her student loans pursuant to 11 U.S.C. § 523(a)(8), which allows the discharge of student loans if their repayment would impose an undue hardship on a debtor. Educational Credit Management Corporation (“ECMC”) and the United States Department of Education (“US-DOE”) defend the complaint by arguing that the Debtor has resources to pay the obligation. I held an evidentiary hearing and took the matter under advisement. For the…

2Cases cited16 opinions

  1. Brunner v. New York State Higher Education Services Corp. (In Re Brunner)District Court, S.D. New York · 1985
  2. In Re: Steven Lynn Hornsby Teresa Lynn Hornsby, Debtors. Tennessee Student Assistance Corporation v. Steven Lynn Hornsby Teresa Lynn HornsbyCourt of Appeals for the Sixth Circuit · 1998
  3. Andresen v. Nebraska Student Loan Program, Inc. (In Re Andresen)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
  4. United Student Aid Funds Inc. v. Taylor (In Re Taylor)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  5. Kopf v. United States Department of Education (In Re Kopf)United States Bankruptcy Court, D. Maine · 2000

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3Cited by7 opinions

  1. Bronsdon v. Educational Credit Management Corp. (In Re Bronsdon)Bankruptcy Appellate Panel of the First Circuit · 2010
  2. Gesualdi v. Educational Credit Management Corp. (In re Gesualdi)United States Bankruptcy Court, S.D. Florida. · 2013
  3. In Re BrunellUnited States Bankruptcy Court, D. Massachusetts · 2006
  4. Schatz v. U.S. Dep't of Educ., Acs Loan Servicing, Inc. (In re Schatz)United States Bankruptcy Court, D. Massachusetts · 2018
  5. Brunell v. Citibank (South Dakota) N.A.United States Bankruptcy Court, D. Massachusetts · 2006

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