Legal Opinion
Doe v. Educational Credit Management Corp. (In Re Doe)
United States Bankruptcy Court, S.D. New York
Decided March 31, 2005No. 18-36475PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
ALLAN L. GROPPER, Bankruptcy Judge.
This is an adversary proceeding filed by Jane Doe (the “Debtor”) 1 seeking to discharge student loans managed by the defendant Educational Credit Management Corporation (“ECMC”). After a one-day trial and extensive briefing by both parties, the Court makes the following findings of fact and conclusions of law. It finds that the Debtor has demonstrated “undue hardship” pursuant to § 523(a)(8) of the Bankruptcy Code and that her student loans can be discharged.
FACTS
At the time of trial, the Debtor was 46 years old. She is a native of…
2Cases cited29 opinions
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Bruning v. United StatesSupreme Court of the United States · 1964
- Brunner v. New York State Higher Education Services Corp. (In Re Brunner)District Court, S.D. New York · 1985
- 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
- Ford v. Student Loan Guarantee Foundation of Arkansas (In Re Ford)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
24 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Miller v. Sallie Mae, Inc. (In Re Miller)United States Bankruptcy Court, E.D. Pennsylvania · 2009
- Gill v. Nelnet Loan Services, Inc. (In Re Gill)United States Bankruptcy Court, E.D. Virginia · 2005
- Clavell v. United States Department of EducationUnited States Bankruptcy Court, S.D. New York · 2020
- In Re: Michael D. SchimekDistrict Court, S.D. New York · 2024