Legal Opinion

Kelly v. Sallie Mae Servicing & Educational Credit Management Corp.

United States Bankruptcy Court, E.D. New York

Decided September 21, 2006No. Bankruptcy No. 1-05-13887-dem; Adversary No. 1-05-1220-demPublishedCited by 1 opinion

1Opinion of the Court

DECISION AND ORDER

DENNIS E. MILTON, Bankruptcy Judge.

On June 15, 2005, Laura Kelly (the “plaintiff’) commenced this adversary proceeding against Educational Credit Management Corporation (“ECMC”) and Sallie Mae Servicing (“Sallie Mae”)(collectively known as the “defendants”), the holders of student loans made to the plaintiff pre-petition, requesting this Court to discharge these loans pursuant to Section 523(a)(8) of the Bankruptcy Code. On April 4, 2006, the Court conducted a trial. After consideration of the testimony of the witnesses, the documentary evidence, the arguments of counsel and…

2Cases cited16 opinions

Grogan v. GarnerSupreme Court of the United States · 1991
Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo FaishCourt of Appeals for the Third Circuit · 1996
Brunner v. New York State Higher Education Services Corp. (In Re Brunner)District Court, S.D. New York · 1985
Thoms v. Educational Credit Management Corp. (In Re Thoms)United States Bankruptcy Court, S.D. New York · 2001

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3Cited by1 opinion

In Re KellyUnited States Bankruptcy Court, E.D. New York · 2006