Legal Opinion · Concurring in part, dissenting in part
In Re Sandra Jane Frushour, Debtor. Educational Credit Management Corporation v. Sandra Jane Frushour
Court of Appeals for the Fourth Circuit
Decided December 30, 2005No. 19-4729Published
1Concurring in part, dissenting in partHamilton, Senior Circuit Judge
I join Part II of the majority opinion which holds that we review de novo the determination of whether a debtor has met the undue hardship standard of 11 U.S.C. § 523(a)(8) (Bankruptcy Code 523(a)(8)) and review the factual underpinnings of that legal conclusion for clear error. However, I am compelled to dissent from the majority opinion’s reversal of the district court’s affirmance of the bankruptcy court’s order discharging Sandra Jane Frushour’s (Frushour) student loan debt pursuant to Bankruptcy Code § 523(a)(8).
After observing first-hand Frushour’s demeanor and hearing her testimony,…
2Cases cited11 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- United States v. Frank Kahled Burgos, United States of America v. Alexio Burnard GobernCourt of Appeals for the Fourth Circuit · 1996
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