Hatcher

Hatcher v. United States

Good Law
262 F. App'x 8
United States Court of Appeals for the Ninth CircuitDecember 26, 2007No. 06-15326California249 words

Opinion

Lead Opinion

MEMORANDUM *

Gary D. Hatcher appeals the district court’s affirmance of the bankruptcy court’s denial of discharge of indebtedness of his National Health Service Corps scholarship debt. Hatcher seeks relief under 42 U.S.C. § 254o(d)(3)(A), arguing that nondischarge of his indebtedness is unconscionable. We review de novo the “district court’s decision on appeal from a bankruptcy court, and afford no deference to the prior decision of the district court.” In re Rains, 428 F.3d 893 , 900 (9th Cir. 2005). We review the bankruptcy court’s findings of fact for clear error, id., and have jurisdiction under 28 U.S.C. § 1291 . We affirm.

Nothing in the record supports Hatch-er’s contention that nondischarge of this debt would be unconscionable. See 42 U.S.C. § 254o(d)(3)(A). Hatcher has failed *9 repeatedly to satisfy his obligations under the National Health Service Corps Scholarship that he received in 1980. Hatcher defaulted on his loans and lost an appeal for relief. In spite of this, the Department of Health and Human Services offered him the chance to work off his indebtedness. See, United States v. Hatcher, 922 F.2d 1402 (9th Cir.1991). Hatcher then failed to work off the full…

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