Legal Opinion
In Re: Nanci Anne Long Debtor. Nanci Anne Long v. Educational Credit Management Corporation
Court of Appeals for the Eighth Circuit
Decided March 11, 2003No. 02-1426PublishedCited by 181 opinions
1Opinion of the Court
SMITH, Circuit Judge.
Educational Credit Management Corporation (“ECMC”) appeals the Bankruptcy Appellate Panel’s (“BAP”) decision affirming the Bankruptcy Court’s discharge of Nanei Long’s student loan debt. This case requires us to address the undue hardship provision found in 11 U.S.C. § 523(a)(8)(B). ECMC argues that the Bankruptcy Court erred in its determination that repayment of the debt would impose an “undue hardship” on appellee. ECMC also contends that the BAP relied on an incorrect review standard to reach its decision. We reverse and remand.
I
Background
Appellee, Nanci Long, is a…
2Cases cited18 opinions
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
- T I Federal Credit Union v. DelBonisCourt of Appeals for the First Circuit · 1995
- In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo FaishCourt of Appeals for the Third Circuit · 1996
- In Re: Steven Lynn Hornsby Teresa Lynn Hornsby, Debtors. Tennessee Student Assistance Corporation v. Steven Lynn Hornsby Teresa Lynn HornsbyCourt of Appeals for the Sixth Circuit · 1998
13 more not listed; retrieve them via the Exa API.
3Cited by181 opinions
- In Re Sandra Jane Frushour, Debtor. Educational Credit Management Corporation v. Sandra Jane FrushourCourt of Appeals for the Fourth Circuit · 2005
- Hemar Insurance v. CoxCourt of Appeals for the Eleventh Circuit · 2003
- Educational Credit Management Corp. v. PolleysCourt of Appeals for the Tenth Circuit · 2004
- In the Matter Of: Timothy Gerard O'hearn, Debtor, Timothy Gerard O'Hearn v. Educational Credit Management CorporationCourt of Appeals for the Seventh Circuit · 2003
- Educational Credit Management Corp. v. JespersonCourt of Appeals for the Eighth Circuit · 2009
176 more not listed; retrieve them via the Exa API.