Legal Opinion
McDowell v. Education Credit Management Corp. (In re McDowell)
United States Bankruptcy Court, D. Idaho
Decided May 3, 2016No. Bankruptcy Case No. 10-40845-JDP; Adv. Proceeding No. 14-08005-JDPPublishedCited by 4 opinions
1Opinion of the Court
*749MEMORANDUM OF DECISION
Honorable Jim D. Pappas, United States Bankruptcy Judge
Introduction
In this adversary proceeding, chapter 71 debtor Elizabeth Margaret McDowell (“Plaintiff’) asks this Court-to declare that the student loan debts she owes Education Credit Management Corporation (“ECMC”) and the U.S. Department of Education (“DOE”) should be discharged in her bankruptcy case because the obligation to repay them will impose an undue hardship upon her. See §■ 523(a)(8); Dkt. Nos. 1, 10. Defendants, ECMC and DOE, contested discharge of the student loans arguing that Plaintiff can not…
2Cases cited18 opinions
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Brunner v. New York State Higher Education Services Corp. (In Re Brunner)District Court, S.D. New York · 1985
- 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 by4 opinions
- Braun v. US Department of EducationUnited States Bankruptcy Court, E.D. Wisconsin · 2019
- Clavell v. United States Department of EducationUnited States Bankruptcy Court, S.D. New York · 2020
- Love v. United States Department of EducationUnited States Bankruptcy Court, E.D. California · 2023
- Mendenhall v. Navient Corp.United States Bankruptcy Court, D. Idaho · 2020