Legal Opinion

Ipsen v. Higher Education Assistance Foundation (In Re Ipsen)

United States Bankruptcy Court, W.D. Missouri

Decided December 29, 1992No. 19-20039PublishedCited by 21 opinions

1Opinion of the Court

MEMORANDUM OPINION

ARTHUR B. FEDERMAN, Bankruptcy Judge.

Debtor seeks to have an educational loan declared dischargeable in her chapter 7 bankruptcy. This is a core proceeding under 28 U.S.C. § 157(b)(2)(I) over which the Court has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 157(a), and 157(b)(1). For the reasons set forth below, I find that the debtor has failed to demonstrate that holding this debt to be nondischargeable would impose an undue hardship pursuant to 11 U.S.C. § 523(a)(8)(B).

FACTUAL BACKGROUND

On or about November 30, 1989, debtor executed a promissory note payable to the…

2Cases cited3 opinions

  1. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  2. Matter of VelisDistrict Court, D. New Jersey · 1991
  3. Johnson v. USA Funds, Inc. (In Re Johnson)United States Bankruptcy Court, N.D. Oklahoma · 1990

3Cited by21 opinions

  1. In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
  2. Healey v. Massachusetts Higher Education (In Re Healey)District Court, E.D. Michigan · 1993
  3. United States Department of Education v. Wallace (In Re Wallace)District Court, C.D. California · 2000
  4. In Re WhiteUnited States Bankruptcy Court, N.D. Alabama · 1999
  5. United States Department of Education v. Rose (In Re Rose)District Court, W.D. Missouri · 1998

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