Legal Opinion
Matthews-Hamad v. Educational Credit Management Corp. (In Re Matthews-Hamad)
United States Bankruptcy Court, M.D. Florida
Decided November 8, 2007No. Bankruptcy No. 02-15746-8W7, Adversary No. 05-00081PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER DENYING DISCHARGE OF STUDENT LOAN
MICHAEL G. WILLIAMSON, Bankruptcy Judge.
Section 523(a)(8) of the Bankruptcy Code provides that a discharge under section 727 does not discharge a debtor from a student loan debt unless excepting such debt from discharge would impose an “undue hardship” on the debtor and the debt- or’s dependants. This Court is required to follow the Eleventh Circuit’s directive and apply the three-prong “undue hardship” test set forth by the Second Circuit in Brunner v. N.Y. State Higher Education Services Corp. 1 Because the Debtor in this case…
2Cases cited17 opinions
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
- In Re Ernest J. Pena Julie Pena, Debtors, United Student Aid Funds, Inc. v. Ernest J. Pena Julie PenaCourt of Appeals for the Ninth Circuit · 1998
- In Re Sandra Jane Frushour, Debtor. Educational Credit Management Corporation v. Sandra Jane FrushourCourt of Appeals for the Fourth Circuit · 2005
- Hemar Insurance v. CoxCourt of Appeals for the Eleventh Circuit · 2003
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rumer v. American Educational Services (In Re Rumer)United States Bankruptcy Court, M.D. Pennsylvania · 2012
- Gesualdi v. Educational Credit Management Corp. (In re Gesualdi)United States Bankruptcy Court, S.D. Florida. · 2013
- Wolfe v. U.S. Department of Education (In re Wolfe)United States Bankruptcy Court, M.D. Florida · 2013
- Armstrong v. Access Group (In Re Armstrong)United States Bankruptcy Court, M.D. Pennsylvania · 2008
- Reagan v. Educ. Credit Mgmt. Corp. (In re Reagan)United States Bankruptcy Court, W.D. Pennsylvania · 2018
4 more not listed; retrieve them via the Exa API.