Legal Opinion

Whelton v. Educational Credit Management Corp.

Court of Appeals for the Second Circuit

Decided December 15, 2005No. Docket No. 04-4844-CVPublishedCited by 30 opinions

1Opinion of the Court

MURTHA, District Judge.

I. BACKGROUND

In two very thorough and well-reasoned opinions, the Bankruptcy Court and the District Court outlined the undisputed facts underlying this case. See generally Educ. Credit Mgmt. Corp. v. Whelton (In re Whelton), 312 B.R. 508 (D.Vt.2004); Educ. Credit Mgmt. Corp. v. Whelton (In re Whelton), 299 B.R. 306 (Bankr.D.Vt. 2003). The salient facts are as follows.

In 1990, defendant-appellant Christopher J. Whelton obtained his juris doctor degree from Thomas Jefferson School of Law in San Diego, California. Shortly after graduating, he consolidated his student loans…

2Cases cited13 opinions

  1. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  2. City of New York v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1953
  3. Tennessee Student Assistance Corporation v. HoodSupreme Court of the United States · 2004
  4. Andersen v. UNIPAC-NEBHELP (In Re Andersen)Court of Appeals for the Tenth Circuit · 1999
  5. 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

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3Cited by30 opinions

  1. United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
  2. Brown Media Corporation v. K&L Gates, LLPCourt of Appeals for the Second Circuit · 2017
  3. Swiatkowski v. CitibankDistrict Court, E.D. New York · 2010
  4. Espinosa v. United Student Aid Funds, Inc.Court of Appeals for the Ninth Circuit · 2008
  5. Reyes Ex Rel. Reyes v. Fairfield PropertiesDistrict Court, E.D. New York · 2009

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