Legal Opinion
O'Brien v. First Marblehead Education Resources, Inc. (In Re O'Brien)
United States Bankruptcy Court, S.D. New York
Decided October 10, 2003No. 05-25565PublishedCited by 11 opinions
1Opinion of the Court
DECISION ON DEFENDANT’S PARTIAL MOTION FOR SUMMARY JUDGEMENT
CECELIA MORRIS, Bankruptcy Judge.
The issue in this motion for summary judgment concerns the proper construction of 11 U.S.C. § 523(a)(8). 1 The question presented is whether a nonprofit institution that has guaranteed a Law Access Loan made by a private financial institution has “funded” the loan within the meaning of § 523(a)(8) for purposes of determining the dischargeability of the loan in a Chapter 7 bankruptcy filing. For the reasons set forth below, this Court has determined that a nonprofit institution which guarantees a…
2Cases cited8 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Education Resources Institute, Inc. v. Hammarstrom (In Re Hammarstrom)United States Bankruptcy Court, N.D. California · 1989
- Dolph v. Pennsylvania Higher Education, Assistance Agency (In Re Dolph)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
- Karben v. Elsi (In Re Karben)United States Bankruptcy Court, S.D. New York · 1996
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Stone ex rel. Stone Family Trust v. Theatrical Investment Corp.District Court, S.D. New York · 2015
- O'Brien v. First Marblehead Education Resources, Inc.Court of Appeals for the Second Circuit · 2005
- Page v. JP Morgan Chase Bank (In re Page)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2018
- Gakinya v. Columbia College (In Re Gakinya)United States Bankruptcy Court, W.D. Missouri · 2007
- In Re InterBank Funding Corp.United States Bankruptcy Court, S.D. New York · 2004
6 more not listed; retrieve them via the Exa API.