Legal Opinion
Briscoe v. Bank of New York (In Re Briscoe)
United States Bankruptcy Court, S.D. New York
Decided December 22, 1981No. 19-10312PublishedCited by 66 opinions
1Opinion of the Court
DECISION ON “HARDSHIP” COMPLAINT TO DECLARE A STUDENT LOAN DISCHARGEABLE
BURTON R. LIFLAND, Bankruptcy Judge.
The debtor, Joan Briscoe, filed a Chapter 7 (liquidation) petition in bankruptcy on February 27, 1981 hoping to secure relief from current economic hardship. Debts totaling approximately $10,000.00, inclusive of educational loans, were scheduled. Recognizing that an order for relief, alone, left a gap in her goal of total debt absolution, the debtor attempted to close the circle by claiming undue hardship in a complaint to declare her student loan dischargeable in bankruptcy. 11 U.S.C.…
2Cases cited5 opinions
- Connecticut Student Loan Foundation, Inc. v. Bagley (In Re Bagley)United States Bankruptcy Court, D. Arizona · 1980
- Diaz v. New York State Higher Education Services Corp. (In Re Diaz)United States Bankruptcy Court, W.D. New York · 1980
- United States v. Hemmen (In Re Hemmen)United States Bankruptcy Court, N.D. Alabama · 1980
- New York State Higher Education Services Corp. v. White (In Re White)United States Bankruptcy Court, S.D. New York · 1980
- Trevecca Nazarene College v. Lawson (In Re Lawson)United States Bankruptcy Court, E.D. Tennessee · 1981
3Cited by66 opinions
- In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
- Brunner v. New York State Higher Education Services Corp. (In Re Brunner)District Court, S.D. New York · 1985
- Bryant v. Pennsylvania Higher Education Assistance Agency (In Re Bryant)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re: Patricia A. BrightfulCourt of Appeals for the First Circuit · 2001
- Financial Collection Agencies v. Norman (In Re Norman)United States Bankruptcy Court, S.D. California · 1982
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