Legal Opinion
Thomas v. Dep't of Educ. (In Re Thomas)
Court of Appeals for the Fifth Circuit
Decided July 30, 2019No. 18-11091PublishedCited by 22 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
*450 Appellant Thomas challenges the bankruptcy court's denial of discharge of her student loan debt pursuant to 11 U.S.C. § 523 (a)(8). This court, like the bankruptcy and district courts, is bound by our previous interpretation of the discharge provision in In re Gerhardt, 348 F.3d 89 (5th Cir. 2003). Finding no error, we AFFIRM.
I. Factual Background
Vera Frances Thomas, the Appellant, is over 60 years old and had to file a Chapter 7 bankruptcy case in 2017. Ms. Thomas suffers from diabetic neuropathy, a degenerative condition that causes pain in her lower…
2Cases cited13 opinions
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
- In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
- In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo FaishCourt of Appeals for the Third Circuit · 1996
- Harris v. ViegelahnSupreme Court of the United States · 2015
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Evan Crocker v. Navient Solutions, L.L.C.Court of Appeals for the Fifth Circuit · 2019
- Jason Small v. Memphis Light, Gas & WaterCourt of Appeals for the Sixth Circuit · 2020
- United States v. CooperCourt of Appeals for the Fifth Circuit · 2022
- Altman v. U.S. Department Of EducationUnited States Bankruptcy Court, W.D. Texas · 2025
- Bench v. Ed Financial ServicesUnited States Bankruptcy Court, W.D. Texas · 2025
17 more not listed; retrieve them via the Exa API.