Legal Opinion

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

District Court, N.D. California

Decided March 4, 2004No. C 03-03354 CW, Bankruptcy No. 00-45102-J7, Adversary Nos. 01-4398 AJ, 01-4399 AJ, 01-4402 AJ, 01-4403 AJPublishedCited by 4 opinions

1Opinion of the Court

ORDER REVERSING BANKRUPTCY COURT’S JUDGMENT

WILKEN, District Judge.

Appellant Educational Credit Management Corporation appeals the judgment of the United States Bankruptcy Court for the Northern District of California, in adversary proceeding Nos. 01-4398 AJ, 01-4399 AJ, 01-4402 AJ, and 01-4403 AJ, in bankruptcy case No. 00-45102-J7, partially discharging Appellee Christopher James Pope’s ten educational loans by forgiving his obligation to pay additional interest on the loans. The question presented is whether the bankruptcy court erred by partially discharging Appellee’s loans even though it…

2Cases cited14 opinions

  1. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  2. In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo FaishCourt of Appeals for the Third Circuit · 1996
  3. 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
  4. In Re Ernest J. Pena Julie Pena, Debtors, United Student Aid Funds, Inc. v. Ernest J. Pena Julie PenaCourt of Appeals for the Ninth Circuit · 1998
  5. In Re Dennis Leroy Saxman, Debtor, Dennis Leroy Saxman v. Educational Credit Management Corporation, and Department of EducationCourt of Appeals for the Ninth Circuit · 2003

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3Cited by4 opinions

  1. Mosley v. General Revenue Corp. (In Re Mosley)United States Bankruptcy Court, N.D. Georgia · 2005
  2. Educational Credit Management Corp. v. Mason (In Re Mason)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  3. Cont'l Cas. Co. v. ChatzDistrict Court, N.D. California · 2018
  4. Educational Credit Management Corp. v. GougeDistrict Court, W.D. North Carolina · 2005

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