Legal Opinion

Pennsylvania Higher Education Assistance Agency v. Birrane (In Re Birrane)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 6, 2002No. BAP No. WW-02-1186-HRyMa, Bankruptcy No. 01-16399, Adversary No. 01-01413PublishedCited by 56 opinions

1Opinion of the Court

OPINION

HARGROVE, Bankruptcy Judge.

Pennsylvania Higher Education Assistance Agency (“PHEAA”) appeals the bankruptcy court’s finding that debtor Deborah Helen Birrane’s (“Birrane”) student loan is dischargeable under 11 U.S.C. § 523(a)(8). WE REVERSE.

I

FACTS

Birrane was 36 years old, single and had no dependents at the time of trial in this matter. She earned a Bachelor of Arts degree in social work, with a minor in dance, from Penn State University in 1989. She earned a Master of Fine Arts degree, with an emphasis on dance choreography and performance, from the University of Arizona in 1995.

Birra…

2Cases cited12 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  4. In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
  5. Brunner v. New York State Higher Education Services Corp. (In Re Brunner)District Court, S.D. New York · 1985

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3Cited by56 opinions

  1. In Re Lorna Kaye Nys, Debtor, Educational Credit Management Corporation v. Lorna Kaye NysCourt of Appeals for the Ninth Circuit · 2006
  2. Nys v. Educational Credit Management Corp. (In Re Nys)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  3. Roth v. Educational Credit Management Corp. (In Re Roth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
  4. In Re Keith Mason, Debtor, Educational Credit Management Corporation v. Keith MasonCourt of Appeals for the Ninth Circuit · 2006
  5. Educational Credit Management Corp. v. StanleyDistrict Court, N.D. Florida · 2003

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