Legal Opinion
Coleman v. Educational Credit Management Corp. (In Re Coleman)
United States Bankruptcy Court, N.D. California
Decided November 23, 2005No. 19-10070PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OF DECISION RE EDUCATIONAL CREDIT MANAGEMENT CORPORATION’S MOTION TO DISMISS
LESLIE TCHAIKOVSKY, Bankruptcy Judge.
Before the Court is defendant Educational Credit Management Corporation’s (“ECMC”) motion to dismiss the complaint in the above-captioned adversary proceeding. The motion was opposed by the debt- or, Cathy Coleman (“Coleman”). Having considered the applicable law and argument of the parties, both oral and written, for the reasons stated below, the motion is denied.
SUMMARY OF FACTS AND CONTENTIONS
On June 16, 2004, Coleman filed a voluntary petition seeking relief under…
2Cases cited20 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Heflin v. United StatesSupreme Court of the United States · 1959
- 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
- 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 by5 opinions
- Educational Credit Management Corp. v. Coleman (In Re Coleman)Court of Appeals for the Ninth Circuit · 2009
- Swanson v. Internal Revenue Service (In Re Swanson)United States Bankruptcy Court, D. Kansas · 2006
- Malin v. Internal Revenue ServiceUnited States Bankruptcy Court, D. Kansas · 2006
- Educational Credit Management Corp. v. ColemanCourt of Appeals for the Ninth Circuit · 2009
- Educational Credit v. ColemanCourt of Appeals for the Ninth Circuit · 2008