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Legal Opinion

Roach v. United Student Aid Fund, Inc. (In Re Roach)

United States Bankruptcy Court, E.D. Louisiana

Decided January 13, 2003No. 19-10513PublishedCited by 20 opinions

1Opinion of the Court

MEMORANDUM OPINION

JERRY A. BROWN, Bankruptcy Judge.

This matter came on for trial on July 15, 2002 on the complaint of Jennifer Griffith Roach (“Ms. Roach”), the debtor, to have student loans discharged under 11 U.S.C. § 523(a)(8). Ms. Roach had made these loans with the Educational Credit Management Corporation (“Educational Credit”). The court finds that Ms. Roach has not met her burden of proving undue hardship under Section 523(a)(8). Therefore, her student loans are not discharged.

I. Findings of Fads

A. Ms. Roach’s student loans

1. Educational Credit holds one promissory note executed by…

2Cases cited29 opinions

  1. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  2. In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
  3. In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo FaishCourt of Appeals for the Third Circuit · 1996
  4. In Re: Steven Lynn Hornsby Teresa Lynn Hornsby, Debtors. Tennessee Student Assistance Corporation v. Steven Lynn Hornsby Teresa Lynn HornsbyCourt of Appeals for the Sixth Circuit · 1998
  5. 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

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3Cited by20 opinions

  1. United States Department of Education v. Gerhardt (In Re Gerhardt)Court of Appeals for the Fifth Circuit · 2003
  2. Educational Credit Management Corp. v. Mason (In Re Mason)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  3. Educational Credit Management Corp. v. CuristonDistrict Court, D. Connecticut · 2006
  4. Salyer v. Sallie Mae Servicing Corp. (In Re Salyer)United States Bankruptcy Court, M.D. Louisiana · 2006
  5. McMullin v. United States Department of Education (In Re McMullin)United States Bankruptcy Court, E.D. Louisiana · 2004

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