Legal Opinion

Conway v. National Collegiate Trust (In re Conway)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided December 21, 2015No. BAP No. 15-6029PublishedCited by 3 opinions

1Opinion of the Court

SALADINO, Bankruptcy Judge.

Chelsea Conway appeals the decision of the bankruptcy court1 finding some, but not all, of her student loan obligations to National Collegiate Trust (“NCT”) to be nondischargeable. For the reasons stated below, we affirm.

This appeal follows an earlier appeal of the bankruptcy court’s order excepting all of Ms. Conway’s student loan debts to NCT from discharge. We reversed that decision, and remanded it to the bankruptcy court “to determine whether Ms. Conway’s present disposable income, if any, over the course of an entire year is sufficient to service any of the…

2Cases cited12 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. In Re: Nanci Anne Long Debtor. Nanci Anne Long v. Educational Credit Management CorporationCourt of Appeals for the Eighth Circuit · 2003
  3. In Re: Farmland Industries, Inc., Debtor. Official Committee of Unsecured Creditors v. Farmland Industries, Inc.Court of Appeals for the Eighth Circuit · 2005
  4. Thomas D. Stalnaker, Trustee v. Dlc, Ltd., a Nebraska Corporation Dlc Family Trust, Ltd., a Nebraska CorporationCourt of Appeals for the Eighth Circuit · 2004
  5. In Re: Paul F. Bender Lee E.J. Bender, Debtors. Lee E.J. Bender v. Educational Credit Management CorporationCourt of Appeals for the Eighth Circuit · 2004

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3Cited by3 opinions

  1. Wallace v. Nelnet, Inc. (In re Wallace)United States Bankruptcy Court, E.D. Arkansas · 2016
  2. Marchus v. Student Loans of North DakotaUnited States Bankruptcy Court, D. North Dakota · 2021
  3. Mission Coal Wind Down Co., LLC, et al., Reorganized DebtorsUnited States Bankruptcy Court, N.D. Alabama · 2019

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