Legal Opinion
U.S. Dep't of Educ. v. Carrion (In Re Carrion)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided May 31, 2019No. BAP SC-18-1234-FBKu; Bk. 11-10508-MM7; Adv. Pro. 17-90089-MMPublishedCited by 4 opinions
1Opinion of the Court
FARIS, Bankruptcy Judge:
INTRODUCTION
Chapter 7 1 debtor Carlos Carrion, Jr. wanted to eliminate his obligation to repay an educational loan. He did not contend that the loan was dischargeable under § 523(a)(8). Instead, he argued that the loan was unenforceable against him, contending that he was a victim of fraud and identity theft and did not authorize the loan. The bankruptcy court rejected these contentions, and Mr. Carrion did not appeal. But the court also held that Mr. Carrion is liable for only one-half of the educational loan, based on California Family Code ("CFC") section 916 and a…
2Cases cited11 opinions
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Woods & Erickson, LLP v. Leonard (In Re AVI, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
- In re: Wallace Eugene Francis, Tracy Danielle FrancisUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- Gionis v. Wayne (In Re Gionis)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- Litton Loan Servicing, LP v. Garvida (In Re Garvida)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Direct Capital Corporation v. Brooks CA3California Court of Appeal · 2021
- In re: MONTE L. MASINGALE (Deceased) and ROSANA D. MASINGALEUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2022
- In re: Myron HaleUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2020
- Love v. United States Department of EducationUnited States Bankruptcy Court, E.D. California · 2023