Legal Opinion
Thoms v. Educational Credit Management Corp. (In Re Thoms)
United States Bankruptcy Court, S.D. New York
Decided January 5, 2001No. 17-13203PublishedCited by 36 opinions
1Opinion of the Court
MEMORANDUM DECISION, AFTER TRIAL, REGARDING STUDENT LOAN OBLIGATIONS
ARTHUR J. GONZALEZ, Bankruptcy Judge.
This adversary proceeding was commenced seeking a determination as to whether certain student loan obligations could be discharged, pursuant to 11 U.S.C. § 523(a)(8), based on a claim of “undue hardship.” The Court finds that, under the facts of this case and considering the strict standard applied in this Circuit for a showing of “undue hardship,” the requisite elements have not been established and the student loans in issue should not be discharged.
FACTS
On March 8, 2000, Kashima Thoms…
2Cases cited4 opinions
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Brunner v. New York State Higher Education Services Corp. (In Re Brunner)District Court, S.D. New York · 1985
- 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
- Elmore v. Massachusetts Higher Education Assistance Corp. (In Re Elmore)United States Bankruptcy Court, D. Connecticut · 1999
3Cited by36 opinions
- In Re Keith Mason, Debtor, Educational Credit Management Corporation v. Keith MasonCourt of Appeals for the Ninth Circuit · 2006
- Burton v. Educational Credit Management Corp. (In Re Burton)United States Bankruptcy Court, E.D. Virginia · 2006
- Pobiner v. Educational Credit Management Corp. (In Re Pobiner)United States Bankruptcy Court, E.D. New York · 2004
- Douglas v. Educational Credit Management Corp. (In Re Douglas)United States Bankruptcy Court, M.D. Georgia · 2007
- Roach v. United Student Aid Fund, Inc. (In Re Roach)United States Bankruptcy Court, E.D. Louisiana · 2003
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