Legal Opinion

Brunner v. New York State Higher Education Services Corp. (In Re Brunner)

District Court, S.D. New York

Decided February 21, 1985No. 83 Civ. 4588-CSHPublishedCited by 182 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

This is an appeal from an April 12, 1983 oral decision of Hon. Howard Schwartz-berg, Bankruptcy Judge, discharging ap-pellee Marie Brunner’s student loans pursuant to 11 U.S.C. § 523(a)(8)(B). Section 523(a)(8)(A) of the Bankruptcy Code, 11 U.S.C. § 523(a)(8)(A), declares such loans nondischargeable for five years after they first come due, but § 523(a)(8)(B) creates an exception to the general rule if the failure to discharge would “impose an undue hardship on the debtor and the debtor’s dependents.” Judge Schwartzberg found such undue…

2Cases cited23 opinions

In Re Gladys Marie Andrews, Debtor. Gladys Marie Andrews v. South Dakota Student Loan Assistance CorporationCourt of Appeals for the Eighth Circuit · 1981
Briscoe v. Bank of New York (In Re Briscoe)United States Bankruptcy Court, S.D. New York · 1981
Robert L. Johnson v. Edinboro State College and Pennsylvania Higher Education Assistance Agency. Appeal of Edinboro State CollegeCourt of Appeals for the Third Circuit · 1984
Financial Collection Agencies v. Norman (In Re Norman)United States Bankruptcy Court, S.D. California · 1982
Lezer v. New York State Higher Education Services Corp. (In Re Lezer)United States Bankruptcy Court, N.D. New York · 1982

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

3Cited by182 opinions

Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo FaishCourt of Appeals for the Third Circuit · 1996
In Re Ernest J. Pena Julie Pena, Debtors, United Student Aid Funds, Inc. v. Ernest J. Pena Julie PenaCourt of Appeals for the Ninth Circuit · 1998
In Re Sandra Jane Frushour, Debtor. Educational Credit Management Corporation v. Sandra Jane FrushourCourt of Appeals for the Fourth Circuit · 2005

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