Legal Opinion
Tennessee Student Assistance Corp. v. Mort (In Re Mort)
District Court, W.D. Virginia
Decided January 18, 2002No. 1:01CV00125PublishedCited by 14 opinions
1Opinion of the Court
OPINION
JONES, District Judge.
The question in this appeal is whether the bankruptcy court had the power to partially discharge the debtor’s student loan indebtedness, even though the debtor had not met the applicable test showing that the debt would impose an undue hardship on her. I find that the bankruptcy court erred in partially discharging the debt and thus reverse.
I
The appellee, Shirley Houser Mort, is a Chapter 7 debtor in the bankruptcy court below. She filed a complaint in that proceeding against the appellant, Tennessee Student Assistance Corporation (“TSAC”), seeking a determination…
2Cases cited8 opinions
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- United States v. Energy Resources Co.Supreme Court of the United States · 1990
- United States v. Robert B. Sutton and Sutton Investments, Inc.Court of Appeals for the Fifth Circuit · 1986
- 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
- United Student Aid Funds Inc. v. Taylor (In Re Taylor)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re Patricia M. Miller, Debtor. Patricia M. Miller v. Pennsylvania Higher Education Assistance Agency, Student Servicing CenterCourt of Appeals for the Sixth Circuit · 2004
- Burton v. Educational Credit Management Corp. (In Re Burton)United States Bankruptcy Court, E.D. Virginia · 2006
- Educational Credit Management Corp. v. BuchananDistrict Court, N.D. West Virginia · 2002
- In Re SilvusUnited States Bankruptcy Court, E.D. Virginia · 2005
- Gill v. Nelnet Loan Services, Inc. (In Re Gill)United States Bankruptcy Court, E.D. Virginia · 2005
9 more not listed; retrieve them via the Exa API.