Legal Opinion
Educational Credit Management Corp. v. Barrett (In Re Barrett)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided March 2, 2006No. 05-8011PublishedCited by 10 opinions
1Opinion of the Court
OPINION
LATTA, Bankruptcy Judge.
Educational Credit Management Corporation (“ECMC”) appeals an order of the bankruptcy court discharging the debtor’s student loans as the result of undue hardship pursuant to 11 U.S.C. § 523(a)(8). For the reasons set forth below, we AFFIRM the decision of the bankruptcy court.
I. ISSUES ON APPEAL
Whether the second prong of the Brun-ner test requires corroborating evidence in the form of expert medical proof to establish that the circumstances that cause a debtor’s inability to repay his loans will likely continue for a substantial portion of the repayment…
2Cases cited15 opinions
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- 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
- In Re Dallas R. Cheesman Margaret J. Cheesman, Debtors. Dallas R. Cheesman Margaret J. Cheesman v. Tennessee Student Assistance CorporationCourt of Appeals for the Sixth Circuit · 1994
- First Union Mortgage Corp. v. Eubanks (In Re Eubanks)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re Thomas Francis Barrett, Jr., Debtor. Thomas Francis Barrett, Jr. v. Educational Credit Management CorporationCourt of Appeals for the Sixth Circuit · 2007
- Roundtree-Crawley v. Educational Credit Management Corp. (In Re Crawley)United States Bankruptcy Court, E.D. Pennsylvania · 2011
- In Re GrayDistrict Court, E.D. Michigan · 2011
- In Re ScarafiottiUnited States Bankruptcy Court, D. Colorado · 2007
- Nixon v. Key Education Resources (In Re Nixon)United States Bankruptcy Court, S.D. Ohio · 2011
5 more not listed; retrieve them via the Exa API.