Legal Opinion

Cota v. U.S. Department of Education (In Re Cota)

United States Bankruptcy Court, D. Arizona

Decided September 2, 2003No. Bankruptcy No. 4-00-004064-TUC-EWH, Adversary No. 02-0022PublishedCited by 24 opinions

1Opinion of the Court

AMENDED MEMORANDUM DECISION

EILEEN W. HOLLOWELL, Bankruptcy Judge.

INTRODUCTION

The Debtors are seeking, pursuant to 11 U.S.C. § 523(a)(8), to discharge the student loan obligations of Jose H. Cota. For the reasons set forth below, the court finds that the Debtors are entitled to relief.

FACTUAL BACKGROUND

In 1988, Jose Cota, who was then approximately 21 years old, decided to attend the “International School aka the Construction School” (Construction School) to obtain training as an electrician. He chose the Construction School after seeing ads on television and hearing about it from friends. He…

2Cases cited34 opinions

  1. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  2. In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
  3. Bankr. L. Rep. P 70,524 in Re Cloyd W. Devers and Barbara Devers, Debtors. Cloyd W. Devers and Barbara Devers v. Bank of Sheridan, MontanaCourt of Appeals for the Ninth Circuit · 1985
  4. Brunner v. New York State Higher Education Services Corp. (In Re Brunner)District Court, S.D. New York · 1985
  5. In Re: Steven Lynn Hornsby Teresa Lynn Hornsby, Debtors. Tennessee Student Assistance Corporation v. Steven Lynn Hornsby Teresa Lynn HornsbyCourt of Appeals for the Sixth Circuit · 1998

29 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Nys v. Educational Credit Management Corp. (In Re Nys)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  2. Durrani v. Educational Credit Management Corp. (In Re Durrani)United States Bankruptcy Court, N.D. Illinois · 2004
  3. Burton v. Educational Credit Management Corp. (In Re Burton)United States Bankruptcy Court, E.D. Virginia · 2006
  4. Education Credit Management Corp. v. Howe (In Re Howe)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  5. Gill v. Nelnet Loan Services, Inc. (In Re Gill)United States Bankruptcy Court, E.D. Virginia · 2005

19 more not listed; retrieve them via the Exa API.

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