Legal Opinion
Education Resources Institute, Inc. v. Hammarstrom (In Re Hammarstrom)
United States Bankruptcy Court, N.D. California
Decided January 13, 1989No. 14-42785PublishedCited by 49 opinions
1Opinion of the Court
OPINION
THOMAS E. CARLSON, Bankruptcy Judge.
This case presents two questions regarding the dischargeability of educational loans. The first question is whether an educational loan signed solely by the student’s parent is nondischargeable pursuant to section 523(a)(8) of the Bankruptcy Code. The second question is whether an educational loan initially made by a commercial bank but immediately purchased by a nonprofit organization is covered by section 523(a)(8). I decide both questions in the affirmative.
FACTS
For purposes of this motion to dismiss under Fed.R.Civ.P. 12(b)(6), the court assumes…
2Cases cited14 opinions
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Richards v. United StatesSupreme Court of the United States · 1962
- Board of Governors of the Federal Reserve System v. Dimension Financial Corp.Supreme Court of the United States · 1986
- Helene Marceau Sidebotham v. W. L. Robison, Administrator of the Estate of Robert Sidebotham, Deceased, and Robert Sidebotham and James SidebothamCourt of Appeals for the Ninth Circuit · 1955
- Washington v. Virginia State Education Assistance Authority (In Re Washington)United States Bankruptcy Court, E.D. Virginia · 1984
9 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- In Re Virginia M. Pelkowski A/K/A Virginia M. Dodd, Debtor, Ohio Student Loan Commission, the Loan Servicing Center, James K. McNamara Esq., TrusteeCourt of Appeals for the Third Circuit · 1993
- Hemar Service Corp. of America, Inc. v. Pilcher (In Re Pilcher)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
- Hudak v. Union National Bank of Pittsburgh (In Re Hudak)United States Bankruptcy Court, W.D. Pennsylvania · 1990
- Karben v. Elsi (In Re Karben)United States Bankruptcy Court, S.D. New York · 1996
- Palmer v. Student Loan Finance Corp. (In Re Palmer)United States Bankruptcy Court, D. South Dakota · 1993
44 more not listed; retrieve them via the Exa API.