Legal Opinion
Educational Credit Management Corp. v. Coleman
Court of Appeals for the Ninth Circuit
Decided March 25, 2009No. 06-16477Published
1Opinion of the Court
HAWKINS, Circuit Judge:
We consider whether “undue hardship” determinations — whereby bankruptcy courts decide whether student loans qualify for discharge — are ripe in a Chapter 13 case substantially in advance of plan completion.
FACTUAL AND PROCEDURAL HISTORY
Cathy Coleman filed for bankruptcy under Chapter 13 in 2004, and the bankruptcy court confirmed a five-year repayment plan. Coleman owes over $100,000 in student loans to Educational Credit. Since graduating from college, Coleman has been irregularly employed as a substitute teacher and art teacher, and was laid off in March of 2005.…
2Cases cited38 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
- Califano v. SandersSupreme Court of the United States · 1977
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
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