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Legal Opinion

Bender v. Educational Credit Management Corp. (In Re Bender)

District Court, D. Nebraska

Decided May 5, 2003No. Civ. 4.-02CV3298; Bankruptcy 01-40345; Adversary 01-4028PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

KOPF, Chief Judge.

This matter is on appeal from an order that was entered by the bankruptcy court on September 13, 2002 (bankruptcy court filing 43), 1 discharging three student loans of one of the debtors, Lee Bender. I conclude that the order should be reversed, and that the appellee’s complaint should be dismissed without prejudice, for the reason that any determination of dis-chargeability of these debts is premature. 2

I. Background

Lee Bender and her husband, Paul, filed for bankruptcy under Chapter 13 in February 2001. In connection therewith, in June 2001, she…

2Cases cited18 opinions

  1. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  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 Gladys Marie Andrews, Debtor. Gladys Marie Andrews v. South Dakota Student Loan Assistance CorporationCourt of Appeals for the Eighth Circuit · 1981
  4. Nebraska Public Power District, a Political Subdivision of the State of Nebraska v. Midamerican Energy CompanyCourt of Appeals for the Eighth Circuit · 2000
  5. Andresen v. Nebraska Student Loan Program, Inc. (In Re Andresen)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999

13 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. VerMaas v. Student Loans of North Dakota (In Re VerMaas)United States Bankruptcy Court, D. Nebraska · 2003
  2. Educational Credit Management Corp. v. Coleman (In Re Coleman)Court of Appeals for the Ninth Circuit · 2009
  3. Strahm v. Great Lakes Higher Education Corp. (In Re Strahm)United States Bankruptcy Court, S.D. Ohio · 2005
  4. Casarotto v. Missouri Department of Revenue (In Re Casarotto)United States Bankruptcy Court, W.D. Missouri · 2009
  5. Hoffer v. American Education Services (In Re Hoffer)United States Bankruptcy Court, S.D. Ohio · 2008

3 more not listed; retrieve them via the Exa API.

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