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Legal Opinion

In Re: Michael J. Oyler, Debtor. Michael J. Oyler v. Educational Credit Management Corporation

Court of Appeals for the Sixth Circuit

Decided February 3, 2005No. 03-4505PublishedCited by 104 opinions

1Opinion of the Court

OPINION

COOK, Circuit Judge.

Education Credit Management Corporation (“ECMC”) appeals the Bankruptcy Court’s discharge of Michael Oyler’s student loans from ECMC and asks us to consider whether that debt poses an “undue hardship” to Oyler. Unlike the Bankruptcy Court and Bankruptcy Appellate Panel (B.A.P.), we hold that it does not and thus reverse.

I

Oyler is the pastor of a Messianic Jewish church that he founded in June 1998. He is forty-eight years old and married with three children. Before founding his church, Oyler earned bachelor’s and master’s degrees, worked as a salesman and audio…

2Cases cited14 opinions

  1. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  2. In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
  3. In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo FaishCourt of Appeals for the Third Circuit · 1996
  4. In Re William M. Behlke and Dina E. Behlke, Debtors, William M. Behlke and Dina E. Behlke v. Saul Eisen, United States TrusteeCourt of Appeals for the Sixth Circuit · 2004
  5. In Re Dallas R. Cheesman Margaret J. Cheesman, Debtors. Dallas R. Cheesman Margaret J. Cheesman v. Tennessee Student Assistance CorporationCourt of Appeals for the Sixth Circuit · 1994

9 more not listed; retrieve them via the Exa API.

3Cited by104 opinions

  1. In Re Sandra Jane Frushour, Debtor. Educational Credit Management Corporation v. Sandra Jane FrushourCourt of Appeals for the Fourth Circuit · 2005
  2. In Re: Rose A. Tirch, Debtor. Rose A. Tirch v. Pennsylvania Higher Education Assistance AgencyCourt of Appeals for the Sixth Circuit · 2005
  3. In Re Thomas Francis Barrett, Jr., Debtor. Thomas Francis Barrett, Jr. v. Educational Credit Management CorporationCourt of Appeals for the Sixth Circuit · 2007
  4. Educational Credit Management Corp. v. JespersonCourt of Appeals for the Eighth Circuit · 2009
  5. Hertzel v. Educational Credit Management Corp. (In Re Hertzel)Bankruptcy Appellate Panel of the Sixth Circuit · 2005

99 more not listed; retrieve them via the Exa API.

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