Legal Opinion

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

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 27, 2003No. BAP No. AZ-02-1168-RyPB. Bankruptcy No. 01-02315-PHX-GBN. Adversary No. 01-00147-PHXPublishedCited by 6 opinions

1Opinion of the Court

OPINION

RYAN, Bankruptcy Judge.

After Theresa Rae Blair (“Debtor”) filed a chapter 7 1 petition, she filed a complaint (the “Complaint”) to discharge her student loan debts (the “Debts”) under § 523(a)(8). After a trial, the bankruptcy court concluded that Debtor did not meet the requirements for dischargeability under § 523(a)(8). However, the court applied its equitable power under § 105(a) and entered an order (the “Order”) granting a partial discharge of the Debts.

The Educational Credit Management Corporation (“ECMC”) timely appealed.

We REVERSE.

I. FACTS 2

Debtor is a single 49-year old woman…

2Cases cited15 opinions

  1. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  2. Patricia A. Brooks v. City of San Mateo, a Municipal Order and Corporation San Mateo Police Department John Stangl, Chief of Police Steven SelvaggioCourt of Appeals for the Ninth Circuit · 2000
  3. In Re: Steven Lynn Hornsby Teresa Lynn Hornsby, Debtors. Tennessee Student Assistance Corporation v. Steven Lynn Hornsby Teresa Lynn HornsbyCourt of Appeals for the Sixth Circuit · 1998
  4. In Re Ernest J. Pena Julie Pena, Debtors, United Student Aid Funds, Inc. v. Ernest J. Pena Julie PenaCourt of Appeals for the Ninth Circuit · 1998
  5. In Re: Steve P. Myrvang and Joanne L. Myrvang, Debtors, June Cotner Graves v. Steve P. Myrvang Joanne L. MyrvangCourt of Appeals for the Ninth Circuit · 2000

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3Cited by6 opinions

  1. In Re Patricia M. Miller, Debtor. Patricia M. Miller v. Pennsylvania Higher Education Assistance Agency, Student Servicing CenterCourt of Appeals for the Sixth Circuit · 2004
  2. Cota v. U.S. Department of Education (In Re Cota)United States Bankruptcy Court, D. Arizona · 2003
  3. Educational Credit Management Corp. v. Mason (In Re Mason)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  4. Educational Credit Management Corp. v. Pope (In Re Pope)District Court, N.D. California · 2004
  5. Manion v. Modeen (In re Modeen)United States Bankruptcy Court, W.D. Wisconsin · 2018

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