Legal Opinion

In Re: Stephanie Ruehle, Debtor. Stephanie Ruehle v. Educational Credit Management Corporation

Court of Appeals for the Sixth Circuit

Decided June 23, 2005No. 04-3525PublishedCited by 34 opinions

1Opinion of the Court

OPINION

DAUGHTREY, Circuit Judge.

This case comes to us from the Bankruptcy Appellate Panel, which affirmed the bankruptcy court’s order vacating the discharge under Chapter 13 of debtor Stephanie Ruehle’s student loans because she failed to initiate an adversary hearing and establish “undue hardship,” as required by 11 U.S.C. § 523(a)(8) and Federal Rule of Bankruptcy Procedure 7001(6). In response to Educational Credit Management’s motion for relief under Federal Rule of Civil Procedure 60(b)(4), filed in the bankruptcy court following the debt- or’s purported “discharge by declaration,”…

2Cases cited11 opinions

  1. Malinski v. New YorkSupreme Court of the United States · 1945
  2. Andersen v. UNIPAC-NEBHELP (In Re Andersen)Court of Appeals for the Tenth Circuit · 1999
  3. In Re: Robert McKnight Pardee Darlene Daigle-Pardee, Debtors. Great Lakes Higher Education Corporation v. Robert McKnight Pardee Darlene Daigle-PardeeCourt of Appeals for the Ninth Circuit · 1999
  4. In Re Christopher Banks in Re Diane M. Banks, Debtors. Christopher Banks v. Sallie Mae Servicing Corporation Educational Credit Management Corporation, United States of America, Amicus CuriaeCourt of Appeals for the Fourth Circuit · 2002
  5. In Re: Craig D. Hanson, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 2005

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3Cited by34 opinions

  1. United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
  2. Espinosa v. United Student Aid Funds, Inc.Court of Appeals for the Ninth Circuit · 2008
  3. SLW Capital, LLC v. Mansaray-RuffinCourt of Appeals for the Third Circuit · 2008
  4. Shaw v. Aurgroup Financial Credit UnionCourt of Appeals for the Sixth Circuit · 2009
  5. Baldwin v. Credit Based Asset Servicing & SecuritizationCourt of Appeals for the Eighth Circuit · 2008

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

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