Legal Opinion

Reid v. First Tennessee Bank & Tennessee Student Assistance Corp. (In Re Reid)

United States Bankruptcy Court, E.D. Tennessee

Decided April 13, 1984No. Bankruptcy No. 3-83-01419, Adv. No. 3-83-0938PublishedCited by 18 opinions

1Opinion of the Court

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

The questions presented are (1) whether the exception to discharge set forth in 11 U.S.C.A. § 523(a)(8) 1 applies to the educational loan obtained by the plaintiff through the PLUS loan program, and (2) whether the repayment of this educational loan would impose an undue hardship on the plaintiff.

After consideration of the exhibits, testimony, briefs of the parties and the applicable authority, the Court concludes that this loan falls within the stated intent of 11 U.S.C.A. § 523(a)(8) and that repayment thereof would not constitute an undue hardship…

2Cases cited5 opinions

  1. Briscoe v. Bank of New York (In Re Briscoe)United States Bankruptcy Court, S.D. New York · 1981
  2. Albert v. Ohio Student Loan Commission (In Re Albert)United States Bankruptcy Court, N.D. Ohio · 1982
  3. United States v. Brown (In Re Brown)United States Bankruptcy Court, D. Kansas · 1982
  4. Boylen v. First National Bank of Akron (In Re Boylen)United States Bankruptcy Court, N.D. Ohio · 1983
  5. Abrams v. University of Nebraska at Lincoln (In Re Abrams)United States Bankruptcy Court, D. Nebraska · 1982

3Cited by18 opinions

  1. Brunner v. New York State Higher Education Services Corp. (In Re Brunner)District Court, S.D. New York · 1985
  2. Bawden v. First Southern Federal Savings & Loan Ass'n (In Re Bawden)United States Bankruptcy Court, M.D. Alabama · 1985
  3. Feenstra v. New York State Higher Education Services Corp. (In Re Feenstra)United States Bankruptcy Court, W.D. New York · 1985
  4. Northwestern University Student Loan Office v. Behr (In Re Behr)United States Bankruptcy Court, N.D. Iowa · 1987
  5. Taylor v. Tennessee Student Assistance Corp. (In Re Taylor)United States Bankruptcy Court, E.D. Tennessee · 1989

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