Legal Opinion

Educational Credit Management Corp. v. Doane (In Re Harig)

District Court, W.D. Virginia

Decided October 27, 2003No. Bankruptcy No. 7-96-01907-RKR. No. CIV.A.7:03CV00084PublishedCited by 3 opinions

1Opinion of the Court

Memorandum Opinion

WILSON, Chief Judge.

Educational Credit Management Corporation (“ECMC”) appeals the decision and order of the United States Bankruptcy Court for the Western District of Virginia denying ECMC relief from an order discharging the student loan debt that Kimberly Doane (“Doane”) owed to ECMC. This court has jurisdiction over the appeal pursuant to 28 U.S.C. § 158(a)(1). 1 ECMC challenges the discharge on several grounds: (1) it is void under Federal Rule of Civil Procedure 60(b)(4) because the order violated ECMC’s Fifth Amendment procedural due process rights; (2) the bankruptcy…

2Cases cited6 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Cen-Pen Corporation v. Walter E. Hanson Loraine P. HansonCourt of Appeals for the Fourth Circuit · 1995
  3. Irving T. Schwartz v. United States of America, (Three Cases). United States of America v. Marvin Mandel, (Two Cases)Court of Appeals for the Fourth Circuit · 1992
  4. Spartan Mills v. Bank of America IllinoisCourt of Appeals for the Fourth Circuit · 1997
  5. Baumlin & Ernst, Ltd. v. Gemini, Ltd. John L. Stickley & Company John L. Stickley John L. Stickley, Jr.Court of Appeals for the Fourth Circuit · 1980

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

3Cited by3 opinions

  1. In Re StacyUnited States Bankruptcy Court, N.D. Ohio · 2009
  2. Netversant-Southern California, Inc. v. Johnson Controls, Inc. (In Re Netversant Solutions, Inc.)United States Bankruptcy Court, D. Delaware · 2010
  3. In Re HansonUnited States Bankruptcy Court, W.D. Wisconsin · 2003

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