Legal Opinion
Nielsen v. ACS, Inc. (In re Nielsen)
United States Bankruptcy Appellate Panel for the Eighth Circuit
Decided October 27, 2014No. BAP Nos. 13-6034, 13-6035PublishedCited by 5 opinions
1Opinion of the Court
SCHERMER, Bankruptcy Judge.
Kathryn R. Nielsen (the “Debtor”), appeals the bankruptcy court’s1 ruling denying her request for discharge of her student loan obligations to Educational Credit Management Corporation (“ECMC”) under 11 U.S.C. § 523(a)(8). We have jurisdiction over this appeal.2 See 28 U.S.C. § 158(b). For the reasons that follow, we affirm.
ISSUE
The issue on appeal is whether the bankruptcy court properly held that the Debtor failed to meet her burden of proving an undue hardship under 11 U.S.C. § 523(a)(8).
BACKGROUND
On October 7, 2009, the Debtor, together with her husband, Erik…
2Cases cited9 opinions
- In Re: Nanci Anne Long Debtor. Nanci Anne Long v. Educational Credit Management CorporationCourt of Appeals for the Eighth Circuit · 2003
- Educational Credit Management Corp. v. JespersonCourt of Appeals for the Eighth Circuit · 2009
- First Bank Investors' Trust, Creditor-Appellant v. Tarkio College, Debtor-AppelleeCourt of Appeals for the First Circuit · 1997
- Walker v. Sallie Mae Servicing Corp. (In Re Walker)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2010
- Conway v. National Collegiate Trust (In re Conway)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2013
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3Cited by5 opinions
- Abney v. United States Department of Education (In re Abney)United States Bankruptcy Court, W.D. Missouri · 2015
- Bank of America, N.A. v. Cd-04, Inc. (In re Owner Management Service, LLC Trustee Corps)United States Bankruptcy Court, C.D. California · 2015
- Ebelsheiser v. College Assist (In re Ebelsheiser)United States Bankruptcy Court, S.D. Iowa · 2015
- Haugen v. North Dakota, State ofDistrict Court, D. North Dakota · 2024
- Rachel Duncanson v. Bank of North DakotaUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2025