Legal Opinion
Lamento v. U.S. Dept. of Education (In re Lamento)
United States Bankruptcy Court, N.D. Ohio
Decided October 29, 2014No. Bankruptcy No. 13-18398; Adversary No. 14-1054PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OF OPINION
PAT E. MORGENSTERN-CLARREN, Chief Judge.
The plaintiff-chapter 7 debtor Alethea Lamento brought this adversary proceeding seeking a determination that her student loan debt of about $72,000.00 is dis-chargeable under 11 U.S.C. § 523(a)(8) because repaying the loans would be an undue hardship. The two defendants, the United States of America, on behalf of the U.S: Department of Education, and Educational Credit Management Corporation, contest the complaint. For the reasons stated, the debtor proved that the loans are dischargeable.
JURISDICTION
This court has jurisdiction…
2Cases cited13 opinions
- Stern v. MarshallSupreme Court of the United States · 2011
- 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: Michael J. Oyler, Debtor. Michael J. Oyler v. Educational Credit Management CorporationCourt of Appeals for the Sixth Circuit · 2005
- In Re Thomas Francis Barrett, Jr., Debtor. Thomas Francis Barrett, Jr. v. Educational Credit Management CorporationCourt of Appeals for the Sixth Circuit · 2007
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3Cited by3 opinions
- Lewis v. Johnson & Wales UniversityUnited States Bankruptcy Court, N.D. Ohio · 2021
- Liana Sue Conklin - Adversary ProceedingUnited States Bankruptcy Court, W.D. North Carolina · 2019
- Loyle v. United States Department of EducationUnited States Bankruptcy Court, D. Kansas · 2022