Legal Opinion

Schatz v. Access Grp., Inc. (In re Schatz)

Bankruptcy Appellate Panel of the First Circuit

Decided July 26, 2019No. BAP NO. MS 18-016; Bankruptcy Case No. 14-30835-EDK; Adversary Proceeding No. 15-03001-EDK; Adversary Proceeding No. 17-00093-MCFPublishedCited by 8 opinions

1Opinion of the Court

Finkle, U.S. Bankruptcy Appellate Panel Judge.

*413The debtor Audrey Eve Schatz (hereinafter "Schatz" or the "Debtor") appeals from the bankruptcy court's May 2, 2018 Memorandum of Decision and Judgment (collectively, the "Order") excepting her student loan obligations from discharge under § 523(a)(8).1 The bankruptcy court determined that repayment of approximately $106,000.00 in student loans would not result in an undue hardship for Schatz, finding as a dispositive factor that the exempt equity in her home was sufficient to pay the loans in full. As discussed below, we VACATE the Order and…

2Cases cited43 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  3. Law v. SiegelSupreme Court of the United States · 2014
  4. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  5. Owen v. OwenSupreme Court of the United States · 1991

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3Cited by8 opinions

  1. Banco Popular de Puerto Rico v. Puerto Rico Tourism Development FundDistrict Court, D. Puerto Rico · 2021
  2. In re: Betteroads Asphalt, LLC; In re: Betterecycling CorporationUnited States Bankruptcy Court, D. Puerto Rico · 2019
  3. In re: Betteroads Asphalt, LLC; In re: Betterecycling CorporationUnited States Bankruptcy Court, D. Puerto Rico · 2019
  4. Instituto Medico del Norte, Inc. v. Greengift Capital, LLCDistrict Court, D. Puerto Rico · 2024
  5. Parvizi v. U.S. Department of Education(Great Lakes BorrowersUnited States Bankruptcy Court, D. Massachusetts · 2021

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