Legal Opinion

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

United States Bankruptcy Court, E.D. Pennsylvania

Decided July 3, 2003No. 14-13302PublishedCited by 14 opinions

1Opinion of the Court

Memorandum Opinion

DIANE WEISS SIGMUND, Bankruptcy Judge.

Before the Court is the Complaint of the debtor Waynette Alston (“Debtor”) to determine the dischargeability of a student loan pursuant to 11 U.S.C. § 523(a)(8). The Defendant Department of Education (“DOEd”) contests the discharge, contending that Debtor has not met her burden to establish that repayment of the loan would be an undue hardship. For the reasons that follow, I respectfully disagree.

BACKGROUND

Debtor is a healthy thirty-five year old high school graduate who borrowed money in 1985 to attend McCarries Nursing School. Because…

2Cases cited15 opinions

  1. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  2. In Re David Louis Cohn, Debtor. Insurance Company of North America v. David Louis CohnCourt of Appeals for the Third Circuit · 1995
  3. In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo FaishCourt of Appeals for the Third Circuit · 1996
  4. Briscoe v. Bank of New York (In Re Briscoe)United States Bankruptcy Court, S.D. New York · 1981
  5. Ford v. Student Loan Guarantee Foundation of Arkansas (In Re Ford)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001

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

3Cited by14 opinions

  1. Durrani v. Educational Credit Management Corp. (In Re Durrani)United States Bankruptcy Court, N.D. Illinois · 2004
  2. Roundtree-Crawley v. Educational Credit Management Corp. (In Re Crawley)United States Bankruptcy Court, E.D. Pennsylvania · 2011
  3. In Re GlunkUnited States Bankruptcy Court, E.D. Pennsylvania · 2006
  4. Miller v. Sallie Mae, Inc. (In Re Miller)United States Bankruptcy Court, E.D. Pennsylvania · 2009
  5. Johnson v. Internal Revenue Service of the Department of the Treasury of the United States (In Re Johnson)United States Bankruptcy Court, W.D. Pennsylvania · 2008

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

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