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Legal Opinion

Cheney v. Educational Credit Management Corp. (In Re Cheney)

District Court, N.D. Iowa

Decided July 8, 2002No. Bankruptcy No. 99-01158-M. No. C 02-3036-MWBPublishedCited by 28 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER REGARDING APPEAL OF DECISION OF BANKRUPTCY COURT

BENNETT, Chief Judge.

TABLE OF CONTENTS

I.INTRODUCTION. Ol

A. Procedural Background. Ol

B. Factual Background. Ol

II.LEGAL ANALYSIS.655

A. Arguments Of The Parties .655

1. ECMC’s opening arguments.655

2. Cheney’s response .656

3. ECMC’s reply.657

B. Standard Of Review.657

C. Student Loan Debts And “Undue Hardship”.658

1. The controlling statute and the debtor’s burden .658

2. The applicable test for “undue hardship”.659

D. Application Of The “Undue Hardship” Test.660

2. Past, present, and reasonably reliable future fínancial…

2Cases cited13 opinions

  1. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  2. In Re Gladys Marie Andrews, Debtor. Gladys Marie Andrews v. South Dakota Student Loan Assistance CorporationCourt of Appeals for the Eighth Circuit · 1981
  3. Andresen v. Nebraska Student Loan Program, Inc. (In Re Andresen)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
  4. In Re: Papio Keno Club, Inc., Debtor. Papio Keno Club, Inc. v. City of PapillionCourt of Appeals for the Eighth Circuit · 2001
  5. Ford v. Student Loan Guarantee Foundation of Arkansas (In Re Ford)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001

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3Cited by28 opinions

  1. Bronsdon v. Educational Credit Management Corp. (In Re Bronsdon)Bankruptcy Appellate Panel of the First Circuit · 2010
  2. Durrani v. Educational Credit Management Corp. (In Re Durrani)United States Bankruptcy Court, N.D. Illinois · 2004
  3. Educational Credit Management Corp. v. StanleyDistrict Court, N.D. Florida · 2003
  4. VerMaas v. Student Loans of North Dakota (In Re VerMaas)United States Bankruptcy Court, D. Nebraska · 2003
  5. Burton v. Educational Credit Management Corp. (In Re Burton)United States Bankruptcy Court, E.D. Virginia · 2006

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