Legal Opinion
Miller v. Sallie Mae, Inc. (In Re Miller)
United States Bankruptcy Court, E.D. Pennsylvania
Decided July 22, 2009No. 19-11344PublishedCited by 20 opinions
1Opinion of the Court
OPINION
ERIC L. FRANK, Bankruptcy Judge.
I. INTRODUCTION
Before the court are cross motions for summary judgment in an adversary proceeding initiated by Plaintiff Randi M. Miller (“the Debtor”) to determine whether her student loan obligation to Defendant Sallie Mae, Inc. (“Sallie Mae”) is dis-chargeable under 11 U.S.C. § 523(a)(8).
Pursuant to § 523(a)(8), student loan debt is dischargeable only if repayment of the debt would impose an “undue hardship” on the debtor and the debtor’s dependents. In our Circuit, the Court of Appeals has adopted the three-pronged test for “undue hardship” that the…
2Cases cited40 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Fitzpatrick v. City of AtlantaCourt of Appeals for the Eleventh Circuit · 1993
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
35 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Roundtree-Crawley v. Educational Credit Management Corp. (In Re Crawley)United States Bankruptcy Court, E.D. Pennsylvania · 2011
- Nixon v. Key Education Resources (In Re Nixon)United States Bankruptcy Court, S.D. Ohio · 2011
- Schatz v. Access Grp., Inc. (In re Schatz)Bankruptcy Appellate Panel of the First Circuit · 2019
- Bush v. United States Department of Education (In Re Bush)United States Bankruptcy Court, M.D. Georgia · 2011
- Cleveland v. Educational Credit Management Corp. (In re Cleveland)United States Bankruptcy Court, N.D. Georgia · 2016
15 more not listed; retrieve them via the Exa API.