Strauss v. Student Loan Office-Mercer University (In Re Strauss)
United States Bankruptcy Court, N.D. California
1Opinion of the Court
MEMORANDUM OF DECISION
LESLIE J. TCHAIKOVSKY, Bankruptcy Judge.
Plaintiff (the “debtor”) is a chapter 13 debtor who has completed her plan payments and received a discharge. The debtor’s debts consisted solely of student loan claims which, with two statutory exceptions, are not dischargeable in a chapter 13 case. The debtor seeks a discharge of the remaining balance of her claims pursuant to one of those exceptions — i.e., on the ground that payment of those remaining claims would constitute an “undue hardship.” 11 U.S.C.A. §§ 523(a)(8)(B); 1328(a)(2) (West 1993 & Supp.1997). For the reasons…
2Cases cited12 opinions
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- 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
- Leeper v. Pennsylvania Higher Education Assistance AgencyCourt of Appeals for the Third Circuit · 1995
- Johnson v. USA Funds, Inc. (In Re Johnson)United States Bankruptcy Court, N.D. Oklahoma · 1990
- Clay v. Westmar College (In Re Clay)United States Bankruptcy Court, N.D. Iowa · 1981
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3Cited by5 opinions
- Andresen v. Nebraska Student Loan Program, Inc. (In Re Andresen)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
- United Student Aid Funds Inc. v. Taylor (In Re Taylor)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- Nys v. Educational Credit Management Corp. (In Re Nys)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
- Zygarewicz v. Educational Credit Management Corp. (In Re Zygarewicz)United States Bankruptcy Court, E.D. California · 2010
- Donna Mae Andresen v. Neb. Student LoanUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 1999