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

Bankruptcy Appellate Panel of the Sixth Circuit

Decided August 30, 2005No. BAP No. 04-8083, Bankruptcy No. 03-63933, Adversary No. 03-6135PublishedCited by 31 opinions

1Opinion of the Court

OPINION

AUG, Chief Judge.

Educational Credit Management Corporation (“ECMC”) appeals the order of the bankruptcy court granting the Debtor, Lisa Marie Hertzel, a discharge of her student loans on the basis that excepting the loans from discharge would impose an undue hardship on the Debtor pursuant to 11 U.S.C. § 523(a)(8). For the reasons that follow, the decision of the bankruptcy court is AFFIRMED.

I. ISSUES ON APPEAL

1. Whether the bankruptcy court’s determination that excepting the Debtor’s student loans from discharge will impose an undue hardship on the Debtor, was clearly erroneous.

2.…

2Cases cited20 opinions

  1. Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
  2. 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
  3. First Union Mortgage Corp. v. Eubanks (In Re Eubanks)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
  4. In Re: Michael J. Oyler, Debtor. Michael J. Oyler v. Educational Credit Management CorporationCourt of Appeals for the Sixth Circuit · 2005
  5. In Re Perle Albert SORAH, Jr., Debtor. Karren L. SORAH, Appellant, v. Perle Albert Sorah, Jr., AppelleeCourt of Appeals for the Sixth Circuit · 1998

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3Cited by31 opinions

  1. Cash America Financial Services, Inc. v. Fox (In Re Fox)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
  2. Kraus Anderson Capital, Inc. v. Bradley (In re Bradley)Bankruptcy Appellate Panel of the Sixth Circuit · 2014
  3. Phillips v. Weissert (In Re Phillips)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
  4. Trudel v. United States Department of Education (In re Trudel)Bankruptcy Appellate Panel of the Sixth Circuit · 2014
  5. Nixon v. Key Education Resources (In Re Nixon)United States Bankruptcy Court, S.D. Ohio · 2011

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