Legal Opinion
Educational Credit Management Corp. v. Whelton (In Re Whelton)
District Court, D. Vermont
Decided August 4, 2004No. 2:03-cv-00305PublishedCited by 4 opinions
1Opinion of the Court
OPINION AND ORDER
SESSIONS, Chief Judge.
The chapter 13 debtor, Christopher J. Whelton, appeals the Bankruptcy Court’s Memorandum of Decision vacating portions of orders of confirmation and discharge pertaining to his student loan debt. The bankruptcy court’s decision is affirmed, for the reasons stated below.
I. Issues on Appeal
At issue on appeal are whether the bankruptcy court correctly ruled that “discharge by declaration” language inserted in a confirmation plan does not effectively except the debt from nondischargeability; and whether the bankruptcy court correctly ruled that failure to…
2Cases cited32 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Tennessee Student Assistance Corporation v. HoodSupreme Court of the United States · 2004
- In Re Fred J. Szostek, Denise M. SzostekCourt of Appeals for the Third Circuit · 1989
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3Cited by4 opinions
- Whelton v. Educational Credit Management Corp.Court of Appeals for the Second Circuit · 2005
- American General Financial Services, Inc. v. BryanUnited States Bankruptcy Court, N.D. New York · 2006
- In Re BryanUnited States Bankruptcy Court, N.D. New York · 2006
- New Jersey Higher Education Assistance Authority v. PennellNew Jersey Superior Court Appellate Division · 2005