Legal Opinion

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

United States Bankruptcy Court, S.D. New York

Decided November 16, 2018No. Case No. 17-11721 (SMB); Adv. Pro. No. 17-01116 (MKV)PublishedCited by 7 opinions

1Opinion of the Court

MARY KAY VYSKOCIL, UNITED STATES BANKRUPTCY JUDGE

*216Rafael Lozada ("Lozada" or "Plaintiff") commenced this action, pursuant to 11 U.S.C. § 528(a)(8) and Federal Rule of Bankruptcy Procedure 7001(6), seeking a judgment declaring that it is an undue hardship for Mr. Lozada to repay the student loan debts he owes to Educational Credit Management Corporation ("Defendant" or "ECMC") and the debts are therefore dischargeable. While the Court is not unsympathetic to Mr. Lozada's situation, the law does not permit granting him the relief he seeks based on the factual record. Accordingly, for the reasons…

2Cases cited32 opinions

Grogan v. GarnerSupreme Court of the United States · 1991
Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
In Re Sandra Jane Frushour, Debtor. Educational Credit Management Corporation v. Sandra Jane FrushourCourt of Appeals for the Fourth Circuit · 2005
In Re: Kevin Renshaw, Debtor. Cazenovia College v. Kevin Renshaw, in Re: David W. Regner, Debtor. The College of Saint Rose v. David W. RegnerCourt of Appeals for the Second Circuit · 2000

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3Cited by7 opinions

Epperson v. Educational Credit Management CorporationUnited States Bankruptcy Court, E.D. Texas · 2021
Hlady v. American Education ServicesUnited States Bankruptcy Court, E.D. New York · 2020
Longo, Jr v. Discover BankUnited States Bankruptcy Court, D. Connecticut · 2023
Mullin v. University of MississippiUnited States Bankruptcy Court, N.D. Mississippi · 2021
Randall v. Navient SolutionsUnited States Bankruptcy Court, D. Maryland · 2021

2 more not listed; retrieve them via the Exa API.