1. Home
  2. Browse Decisions
  3. F.3d
  4. 187 F.3d
  5. 187 F.3d 926 (1999)
 

IN RE ROSE

No. 98-3440.

187 F.3d 926 (1999)

In re: Michael S. ROSE; In re: Jennifer R. Rose; Debtors. Jennifer R. Rose, Plaintiff-Appellee, v. U.S. Department of Education; Coordinating Board of Higher Education, Defendants, Missouri Student Loan Program, Defendant-Appellant, University of Missouri; Illinois Guarantors Student Assistance; Nebraska Student Loan Program; North Star Guarantee; United Student Aid Funds, Inc., Defendants. Business Bankruptcy Law Committee, New York County Lawyers' Association, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 9, 1999.

Attorney(s) appearing for the Case

David J. Bederman, Atlanta, GA, argued (Gambrell Hall, on the brief), for Plaintiff-Appellee.

Douglas E. Nelson, Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Attorney General and Paul R. Maguffee, on the brief), for Defendant-Appellant.

Leonard Howard Gerson, New York, NY, for Amicus on Behalf of Appellee.

Before BEAM, FLOYD R. GIBSON, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

This case involves student loans which Jennifer Rose and her husband Michael sought to discharge in a Chapter 7 bankruptcy proceeding. Both the bankruptcy court1 and the district court2 on appeal ruled that the Missouri Student Loan Program (MSLP) had waived the right to claim sovereign immunity through the filing of proofs of claim to recover on some of the loans. The bankruptcy court...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases