Legal Opinion

Pennsylvania Higher Education Assistance Agency v. Kaufman (In Re Kaufman)

United States Bankruptcy Court, E.D. Pennsylvania

Decided March 5, 1981No. 19-11337PublishedCited by 8 opinions

1Opinion of the Court

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

This is a case of first impression under the Bankruptcy Reform Act of 1978 (“The Code”). 1

Presently before the court is a complaint brought by plaintiff, Pennsylvania Higher Education Assistance Agency (PHEAA) seeking a determination that the defendant-debtor's education loan guaranteed by the United States Government is not dis-chargeable pursuant to § 523(a)(8)(A), 11 U.S.C. § 523(a)(8)(A).

The issue presented is whether the loan received by debtor for undergraduate school expenses became “due” as that term is used in the Code within five (5)…

2Cases cited4 opinions

  1. Virginia Ex Rel. State Education Assistance Authority v. Brown (In Re Brown)United States Bankruptcy Court, E.D. Virginia · 1980
  2. United States v. ReisCourt of Appeals for the Tenth Circuit · 1954
  3. In re B. H. Gladding Co.U.S. Circuit Court for the District of Rhode Island · 1903
  4. Pennsylvania Higher Education Assistance Agency v. James (In Re James)United States Bankruptcy Court, W.D. Pennsylvania · 1980

3Cited by8 opinions

  1. Wardlow v. Great Lakes Higher Education Corp. (In Re Wardlow)United States Bankruptcy Court, W.D. Missouri · 1993
  2. Huber v. Marine Midland Bank, N.A. (In Re Huber)United States Bankruptcy Court, W.D. New York · 1994
  3. Crumley v. Hope College (In Re Crumley)United States Bankruptcy Court, E.D. Tennessee · 1982
  4. New York State Higher Education Services Corp. v. LuciannaNew Jersey Superior Court Appellate Division · 1995
  5. Biegler v. Educ. Credit Mgmt. Corp. (In re Biegler)United States Bankruptcy Court, N.D. New York · 2018

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