Topic: debtor may not willfully or negligently cause his own defau… · Go Syfert
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Topic #14671

8 canonical passages across 7 cases, quoted by 27 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Elebrashy v. Student Loan Corp. (In Re Elebrashy).

#Case FlagCanonical passage Citers
1 Elebrashy v. Student Loan Corp. (In Re Elebrashy) Anchor
ohnb · 1995
green “debtor may not willfully or negligently cause his own default, but rather his condition must result from 'factors beyond his reasonable control.” 5
2 United States Department of Education v. Wallace (In Re Wallace)
cacd · 2000
green “a debtor's obligation to make 'good faith' efforts to repay her education loans is not extinguished,” 4
3 Reilly v. United Student Aid Funds, Inc. (In Re Reilly)
mdb · 1990
green “the debtor's demonstrated inability to tender payments on a student loan which became due five years prior to filing of bankruptcy provides an exception to the rule that payments must be made in order to show good faith.” 3
4 Daugherty v. First Tennessee Bank (In Re Daugherty)
tneb · 1994
green “the record is devoid of any payment made by the debtor on these loans or even any attempt to enter into a repayment schedule with the lenders” 3
5 Elebrashy v. Student Loan Corp. (In Re Elebrashy)
ohnb · 1995
green “given the magnitude of the student loan debt, the paucity of the debtor's income, and the apparent hopelessness for future improvement of his situation, the fact he made no payments on his student loans until after he had consulted an experienced bankruptcy attorney is not an in…” 3
6 Pennsylvania Higher Education Assistance Agency v. Birrane (In Re Birrane)
bap9 · 2002
green “good faith is also measured by a debtor's effort - or lack thereof - to negotiate a repayment plan.” 3
7 Ledbetter v. United States Department of Education (In Re Ledbetter)
ohsb · 2000
green “when debtor made only three payments on two student loans that represented the only scheduled debt in the case” 3
8 Vermont Student Assistance Corp. v. Coulson (In Re Coulson)
ncwd · 2000
green “found the debtor's current income is 3,800.00 monthly with expenses of 4,350.00 and that, with the exception of selling his house, debtor had done everything possible to minimize expenses and maximize income” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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