Legal Opinion

Reagan v. Educ. Credit Mgmt. Corp. (In re Reagan)

United States Bankruptcy Court, W.D. Pennsylvania

Decided July 27, 2018No. Case No. 17-22024-GLT; Adv. No. 17-02172-GLTPublishedCited by 4 opinions

1Opinion of the Court

GREGORY L. TADDONIO, UNITED STATES BANKRUPTCY JUDGE

Sue Reagan, a chapter 7 debtor, seeks to discharge her student loans despite enrolling *298in an income-based repayment plan ("IBR Plan") that reduced her monthly payments to $0. The Educational Credit Management Corp. ("ECMC")-a seasoned veteran of this line of litigation-says this should stop her at the summary-judgment stage. It argues Reagan has not pled sufficient facts to show she cannot maintain a minimal standard of living while making her payments. Reagan argues she is currently unable to maintain such a standard. The Court holds that…

2Cases cited25 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  3. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  4. Dona W. Horowitz, Individually and as Co-Executrix of the Estate of Leonard N. Horowitz, Deceased Alfred Camner, Co-Executor of the Estate of Leonard N. Horowitz, Deceased v. Federal Kemper Life Assurance Company, in No. 94-1900. Dona W. Horowitz, Individually and as Co-Executrix of the Estate of Leonard N. Horowitz, Deceased Alfred Camner, Co-Executor of the Estate of Leonard N. Horowitz, Deceased, in No. 94-1901 v. Federal Kemper Life Assurance CompanyCourt of Appeals for the Third Circuit · 1995
  5. In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo FaishCourt of Appeals for the Third Circuit · 1996

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3Cited by4 opinions

  1. Hill v. Educ. Credit Mgmt. Corp. (In re Hill)United States Bankruptcy Court, N.D. Georgia · 2019
  2. Goodvin v. Department of EducationUnited States Bankruptcy Court, D. Kansas · 2020
  3. In re: Shannon M. Edwards v. United States Department of EducationUnited States Bankruptcy Court, W.D. Pennsylvania · 2026
  4. Rubash v. United States Department Of EducationUnited States Bankruptcy Court, W.D. Pennsylvania · 2020

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