Legal Opinion
Simmons v. United States Department of Education (In Re Simmons)
United States Bankruptcy Court, C.D. Illinois
Decided December 13, 2005No. 19-80156PublishedCited by 6 opinions
1Opinion of the Court
OPINION
MARY P. GORMAN, Bankruptcy Judge.
The issue before the Court is whether the Debtor’s student loan obligations owed to the United States Department of Education should be discharged pursuant to 11 U.S.C. § 523(a)(8).
Nathan Simmons filed a voluntary petition under Chapter 7 of the Bankruptcy Code on July 15, 2005. On July 27, 2005, Mr. Simmons filed a letter with the Bankruptcy Clerk’s office stating that paying the student loans listed on his schedules would create an “undue hardship.” The letter was taken as a Complaint to Determine Dischargeability pursuant to Section 523(a)(8) of the…
2Cases cited7 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
- Alderete v. Educational Credit Management Corp.Court of Appeals for the Tenth Circuit · 2005
- In Re: Rose A. Tirch, Debtor. Rose A. Tirch v. Pennsylvania Higher Education Assistance AgencyCourt of Appeals for the Sixth Circuit · 2005
- Briscoe v. Bank of New York (In Re Briscoe)United States Bankruptcy Court, S.D. New York · 1981
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re MartinUnited States Bankruptcy Court, C.D. Illinois · 2007
- Clark v. United States Department of Education (In Re Clark)United States Bankruptcy Court, N.D. Illinois · 2006
- Carter v. Mae (In re Carter)United States Bankruptcy Court, N.D. Illinois · 2014
- Coatney v. United States Department of Education (In re Coatney)United States Bankruptcy Court, C.D. Illinois · 2006
- Wallace v. Educational Credit Management Corp. (In Re Wallace)United States Bankruptcy Court, S.D. Ohio · 2010
1 more not listed; retrieve them via the Exa API.