Legal Opinion
Poland v. Educational Credit Management Corp. (In Re Poland)
District Court, D. Kansas
Decided December 17, 2001No. Bankruptcy No. 93-13185-13. Adversary No. 99-5173. Dist.Ct.No. 01-1154-WEBPublishedCited by 5 opinions
1Opinion of the Court
Memorandum and Order
WESLEY E. BROWN, Senior District Judge.
Educational Credit Management Corporation (“ECMC”) appeals from a judgment of the bankruptcy court finding that a student loan owed by debtor Cheryl Ann Poland to ECMC was discharged. The appeal turns on the applicability of Andersen v. UNIPAC-NEBHELP (In re Ander sen), 179 F.3d 1253 (10th Cir.1999), in which the Tenth Circuit held that a creditor’s failure to timely object to a Chapter 13 plan discharging a student loan and its failure to appeal the order confirming the plan precluded the creditor from later objecting,…
2Cases cited7 opinions
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
- In Re Fred J. Szostek, Denise M. SzostekCourt of Appeals for the Third Circuit · 1989
- Andersen v. UNIPAC-NEBHELP (In Re Andersen)Court of Appeals for the Tenth Circuit · 1999
- In Re GrynbergCourt of Appeals for the Tenth Circuit · 1993
- DePaolo v. United States (In re DePaolo)Court of Appeals for the Tenth Circuit · 1995
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re LemonsUnited States Bankruptcy Court, W.D. Oklahoma · 2002
- Educational Credit Management Corp. v. Boyer (In Re Boyer)United States Bankruptcy Court, D. Kansas · 2004
- Gable v. Educational Credit Management Corp. (In Re Gable)United States Bankruptcy Court, D. Kansas · 2003
- In Re LuarksUnited States Bankruptcy Court, D. Kansas · 2003
- In Re LowthorpUnited States Bankruptcy Court, M.D. Florida · 2005