Legal Opinion
SallieMae Servicing v. Banks
District Court, W.D. Virginia
Decided December 10, 2001No. CIV.A. 3:01CV00066PublishedCited by 5 opinions
1Opinion of the Court
OPINION
MOON, District Judge.
Educational Credit Management Corporation (“ECMC”) appeals an Order entered by the United States Bankruptcy Court for the Western District of Virginia granting summary judgment to Christopher Banks (“Mr. Banks”), who sought a declaratory judgment with respect to post-petition interest on his student loans. Because this Court concludes that Mr. Banks included improper language in his Chapter 13 Plan, that the confirmation of the Plan denied ECMC its due process rights, and that the post-petition interest on Mr. Banks’ student loan is not dischargeable, the decision…
2Cases cited18 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Cen-Pen Corporation v. Walter E. Hanson Loraine P. HansonCourt of Appeals for the Fourth Circuit · 1995
- Bankr. L. Rep. P 73,548 in Re William and Debra Calvert, Debtors. Green Tree Acceptance, Inc. v. William and Debra CalvertCourt of Appeals for the Eleventh Circuit · 1990
- Matter of BeardUnited States Bankruptcy Court, N.D. Indiana · 1990
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3Cited by5 opinions
- Ruehle v. Educational Credit Management Corp. (In Re Ruehle)Bankruptcy Appellate Panel of the Sixth Circuit · 2004
- In Re RuehleUnited States Bankruptcy Court, N.D. Ohio · 2003
- In Re HarrisUnited States Bankruptcy Court, N.D. Ohio · 2003
- Educational Credit Management Corp. v. Whelton (In Re Whelton)United States Bankruptcy Court, D. Vermont · 2003
- In re: Ruehle v.Bankruptcy Appellate Panel of the Sixth Circuit · 2004