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Legal Opinion

Daugherty v. First Tennessee Bank (In Re Daugherty)

United States Bankruptcy Court, E.D. Tennessee

Decided December 28, 1994No. Bankruptcy No. 93-32393. Adv. No. 93-3136PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM

RICHARD S. STAIR, Jr., Bankruptcy Judge.

The debtor, Ruby Helen Daugherty, commenced this adversary proceeding on October 13, 1993, seeking a determination that two educational loans owing First Tennessee Bank (Bank) are dischargeable under the “undue hardship” provisions of 11 U.S.C.A. § 528(a)(8)(B) (West 1993). The Bank filed a Countercomplaint on January 28, 1994, seeking a determination that the educational loans are nondischargeable. It is undisputed that the loans are within the purview of § 523(a)(8) and that they first became due within seven (7) years before the debtor…

2Cases cited12 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  3. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  4. In Re Dallas R. Cheesman Margaret J. Cheesman, Debtors. Dallas R. Cheesman Margaret J. Cheesman v. Tennessee Student Assistance CorporationCourt of Appeals for the Sixth Circuit · 1994
  5. In Re Gladys Marie Andrews, Debtor. Gladys Marie Andrews v. South Dakota Student Loan Assistance CorporationCourt of Appeals for the Eighth Circuit · 1981

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

3Cited by12 opinions

  1. Hicks v. Educational Credit Management Corp. (In Re Hicks)United States Bankruptcy Court, D. Massachusetts · 2005
  2. Burton v. Educational Credit Management Corp. (In Re Burton)United States Bankruptcy Court, E.D. Virginia · 2006
  3. Elebrashy v. Student Loan Corp. (In Re Elebrashy)United States Bankruptcy Court, N.D. Ohio · 1995
  4. Gill v. Nelnet Loan Services, Inc. (In Re Gill)United States Bankruptcy Court, E.D. Virginia · 2005
  5. Murphy v. Mae (In Re Murphy)United States Bankruptcy Court, E.D. Virginia · 2004

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

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