Legal Opinion
Educational Credit Management Corp. v. Coleman (In Re Coleman)
Court of Appeals for the Ninth Circuit
Decided March 25, 2009No. 06-16477PublishedCited by 13 opinions
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 cited33 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
28 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sino Clean Energy, Inc. v. Robert SeidenCourt of Appeals for the Ninth Circuit · 2018
- City & County of San Francisco v. Merrick GarlandCourt of Appeals for the Ninth Circuit · 2022
- Craig v. Educational Credit Management Corp. (In Re Craig)Court of Appeals for the Ninth Circuit · 2009
- Cassim v. Educational Credit Management Corp. (In Re Cassim)Court of Appeals for the Sixth Circuit · 2010
- Zygarewicz v. Educational Credit Management Corp. (In Re Zygarewicz)United States Bankruptcy Court, E.D. California · 2010
8 more not listed; retrieve them via the Exa API.