Legal Opinion

Seay v. Tennessee Student Assistance Corp. (In Re Seay)

United States Bankruptcy Court, E.D. Tennessee

Decided January 19, 2000No. Bankruptcy No. 98-11839. Adversary No. 99-1216PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM

JOHN C. COOK, Bankruptcy Judge.

This adversary proceeding is before the court on the defendant’s motion to dismiss for lack of jurisdiction. The debtor, Deborah Jane Seay, has filed a complaint against the defendant, the Tennessee Student Assistance Corporation (“TSAC”), seeking a determination that her student loans should be discharged pursuant to the undue hardship exception in 11 U.S.C. § 523(a)(8). TSAC has responded with a motion to dismiss, alleging that it is an arm of the state of Tennessee, that Tennessee has not consented to this lawsuit, and that therefore the Eleventh…

2Cases cited20 opinions

  1. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  2. Hans v. LouisianaSupreme Court of the United States · 1890
  3. Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
  4. College Savings Bank v. Florida Prepaid Postsecondary Education Expense BoardSupreme Court of the United States · 1999
  5. Clark v. BarnardSupreme Court of the United States · 1883

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3Cited by9 opinions

  1. Schulman v. California (In re Lazar)Court of Appeals for the Ninth Circuit · 2001
  2. Murphy v. Michigan Guaranty AgencyCourt of Appeals for the Fifth Circuit · 2001
  3. H.J. Wilson Co. v. Commissioner of Revenue of Massachusetts (In Re Service Merchandise Co.)District Court, M.D. Tennessee · 2001
  4. Peterson v. Florida, Department of Revenue, Office of Child Support Enforcement (In Re Peterson)United States Bankruptcy Court, N.D. Illinois · 2000
  5. Dodson v. Tennessee Student Assistance Corp. (In Re Dodson)United States Bankruptcy Court, E.D. Tennessee · 2001

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