Legal Opinion

Nary v. Complete Source (In Re Nary)

District Court, N.D. Texas

Decided October 13, 2000No. 3:00-cv-00908PublishedCited by 27 opinions

1Opinion of the Court

FITZWATER, District Judge.

Finding that the debtor had met the undue hardship requirement of 11 U.S.C. § 523(a)(8), the bankruptcy court partially discharged several education loans, including a consolidated loan that the debtor had obtained to refinance his law school indebtedness, and awarded the creditors pro rata recoveries from the nondischarged por tions of the loans. The court must decide in this appeal whether the bankruptcy-court erred in its application of the Brun-ner test and whether- § 523(a)(8) authorized it to grant partial discharges and to make pro rata awards to the…

2Cases cited25 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  3. In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
  4. In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo FaishCourt of Appeals for the Third Circuit · 1996
  5. Brunner v. New York State Higher Education Services Corp. (In Re Brunner)District Court, S.D. New York · 1985

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

3Cited by27 opinions

  1. Pennsylvania Higher Education Assistance Agency v. Birrane (In Re Birrane)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  2. 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
  3. Innes v. Kansas (In Re Innes)District Court, D. Kansas · 2002
  4. Roach v. United Student Aid Fund, Inc. (In Re Roach)United States Bankruptcy Court, E.D. Louisiana · 2003
  5. Alston v. U.S. Department of Education (In Re Alston)United States Bankruptcy Court, E.D. Pennsylvania · 2003

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

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