Legal Opinion

In Re Haroon

United States Bankruptcy Court, E.D. Virginia

Decided March 31, 2004No. 16-30530PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

ROBERT G. MAYER, Bankruptcy Judge.

This case is before the court on a rule to show cause why California Student Aid Commission (“CSAC”) should not be held in civil contempt for attempting to collect a debt in violation of the discharge injunction. 11 U.S.C. § 524. The parties addressed the issue of who carried the burden of proof as to the dischargeability of the debt. The court concludes that the burden of proof is split between the parties. The creditor carries the initial burden of proving that the debt is an educational loan as provided for in 11 U.S.C. § 523(a)(8). Once…

2Cases cited3 opinions

  1. Bachner v. Illinois Ex Rel. Illinois Student Assistance Commission (In Re Bachner)United States Bankruptcy Court, N.D. Illinois · 1994
  2. Weir v. Paige (In Re Weir)United States Bankruptcy Court, E.D. Virginia · 2002
  3. Chisari v. Florida Department of Education, Office of Student Financial Assitance Wage Withholding Unit (In Re Chisari)United States Bankruptcy Court, M.D. Florida · 1995

3Cited by3 opinions

  1. In Re MooreUnited States Bankruptcy Court, E.D. Virginia · 2009
  2. Bannister v. The National Collegiate Student Loan Trust 2007-1United States Bankruptcy Court, S.D. New York · 2021
  3. In re: Reanna Leigh IrigoyenUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2024

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