Legal Opinion
Bene v. Educational Credit Management Corp. (In re Bene)
United States Bankruptcy Court, W.D. New York
Decided June 26, 2012No. Bankruptcy No. 03-14328 K; Adversary No. 08-1167 KPublishedCited by 8 opinions
1Opinion of the Court
OPINION, DECISION AND ORDER DISCHARGING STUDENT LOAN DEBT
MICHAEL J. KAPLAN, Bankruptcy Judge.
SYNOPSIS
To some extent, this case is about choices that student loan debtors made *58long before seeking discharge of student loans in bankruptcy court.
Three prior rulings by this writer are implicated — Melton, DeRose and Kraft. In Melton, this Court held that a decision to stay poor after bankruptcy despite higher-paying options will not satisfy the Brunner Test, no matter how noble the reasons for that choice. For example, a skilled physician who chooses to remain a missionary after bankruptcy will…
2Cases cited13 opinions
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Brunner v. New York State Higher Education Services Corp. (In Re Brunner)District Court, S.D. New York · 1985
- In Re: Nanci Anne Long Debtor. Nanci Anne Long v. Educational Credit Management CorporationCourt of Appeals for the Eighth Circuit · 2003
- Briscoe v. Bank of New York (In Re Briscoe)United States Bankruptcy Court, S.D. New York · 1981
- U.S. Department of Health & Human Services, and Great Lakes Higher Education Servicing Corporation, Agent for Associated Bank v. Zane Todd SmitleyCourt of Appeals for the Fourth Circuit · 2003
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Greene v. U.S. Department of Education (In re Greene)United States Bankruptcy Court, E.D. Virginia · 2012
- Shenk v. U.S. Dep't of Educ. (In re Shenk)United States Bankruptcy Court, N.D. New York · 2019
- Price v. DeVos (In re Price)United States Bankruptcy Court, E.D. Pennsylvania · 2017
- Clavell v. United States Department of EducationUnited States Bankruptcy Court, S.D. New York · 2020
- Gesinde v. U.S. Department of EducationUnited States Bankruptcy Court, S.D. New York · 2019
3 more not listed; retrieve them via the Exa API.