Legal Opinion

Chenault v. Great Lakes Higher Educ. Corp. (In re Chenault)

Bankruptcy Appellate Panel of the Sixth Circuit

Decided July 5, 2018No. 18–8003PublishedCited by 9 opinions

1Opinion of the Court

SCOTT W. DALES, Bankruptcy Appellate Panel Judge.

In this appeal, Cory Lamon Chenault (the "Debtor") asks this Panel to overturn the bankruptcy court's order dismissing his adversary complaint for failure to state a cause of action. The Panel concludes that the Debtor did not plead sufficient facts to support a discharge of his student loan debt notwithstanding the exception to discharge that would otherwise apply under 11 U.S.C. § 523(a)(8). Accordingly, the order of the bankruptcy court is AFFIRMED.

ISSUE ON APPEAL

The sole issue on appeal is whether the bankruptcy court improperly dismissed…

2Cases cited13 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Conley v. GibsonSupreme Court of the United States · 1957
  3. Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
  4. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  5. Bovee v. Coopers & Lybrand C.P.A.Court of Appeals for the Sixth Circuit · 2001

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

3Cited by9 opinions

  1. Hurley v. United States (In Re Hurley)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2019
  2. Adam Harrison Bryant - Adversary ProceedingUnited States Bankruptcy Court, District of Columbia · 2021
  3. Hull v. Department of Education/NelNet Loan ServicesUnited States Bankruptcy Court, W.D. Kentucky · 2021
  4. Hutsell v. Allied InterstateUnited States Bankruptcy Court, N.D. Ohio · 2020
  5. Hutsell v. Allied InterstateUnited States Bankruptcy Court, N.D. Ohio · 2020

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

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