Legal Opinion

Woody v. United States Department of Justice (In re Woody)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided June 16, 2006No. BAP Nos. KS-05-124, KS-05-125; Bankruptcy No. 02-21662-7; Adversary Nos. 02-6095, 02-6096Published

1Opinion of the Court

OPINION

BOHANON, Bankruptcy Judge.

The United States Department of Justice and the United States Department of Education (collectively, the “Creditors”), timely appeal a final judgment entered by the United States Bankruptcy Court for the District of Kansas discharging the Chapter 7 debtor’s Department of Education student loans (the “523 Loan”) pursuant to the “undue hardship” provision in 11 U.S.C. § 523(a)(8), and debtor’s Health Education Assistance Loan (the “HEAL loan”) pursuant to the “unconscionable” provision in 42 U.S.C. § 292f(g).1 The parties have consented to this Court’s…

2Cases cited12 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  3. Walters v. Metropolitan Educational Enterprises, Inc.Supreme Court of the United States · 1997
  4. George S. Krasnov v. Brendan DinanCourt of Appeals for the Third Circuit · 1972
  5. Educational Credit Management Corp. v. PolleysCourt of Appeals for the Tenth Circuit · 2004

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