Legal Opinion
In Re Patricia M. Miller, Debtor. Patricia M. Miller v. Pennsylvania Higher Education Assistance Agency, Student Servicing Center
Court of Appeals for the Sixth Circuit
Decided July 28, 2004No. 03-5167PublishedCited by 51 opinions
1Opinion of the Court
OPINION
GIBBONS, Circuit Judge.
Plaintiff-appellee Patricia Miller sought full discharge of her student loan debt by filing an adversary complaint in bankruptcy court notwithstanding that over ninety-nine percent of her outstanding student loan obligations remained unpaid. The bankruptcy court relied on 11 U.S.C. § 105(a) to grant Miller a partial discharge by dismissing more than half of her student loan debt. The district court upheld this discharge. The guarantor of Miller’s student loans appealed, arguing that discharge of student loan debt is only available upon a finding of “undue…
2Cases cited17 opinions
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Earnest Bell, Jr. v. Robert Johnson, Mark Stimpson Allen BlatterCourt of Appeals for the Sixth Circuit · 2002
- 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
- Hemar Insurance v. CoxCourt of Appeals for the Eleventh Circuit · 2003
12 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- In Re: Michael J. Oyler, Debtor. Michael J. Oyler v. Educational Credit Management CorporationCourt of Appeals for the Sixth Circuit · 2005
- Alderete v. Educational Credit Management Corp.Court of Appeals for the Tenth Circuit · 2005
- In Re: Rose A. Tirch, Debtor. Rose A. Tirch v. Pennsylvania Higher Education Assistance AgencyCourt of Appeals for the Sixth Circuit · 2005
- In Re Thomas Francis Barrett, Jr., Debtor. Thomas Francis Barrett, Jr. v. Educational Credit Management CorporationCourt of Appeals for the Sixth Circuit · 2007
- Hertzel v. Educational Credit Management Corp. (In Re Hertzel)Bankruptcy Appellate Panel of the Sixth Circuit · 2005
46 more not listed; retrieve them via the Exa API.