Legal Opinion

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

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 16, 2013No. BAP AZ-11-1233-RnPaKi; Bankruptcy 09-00317-RJH; Adversary 10-0764-RJHPublishedCited by 42 opinions

1Opinion of the Court

RENN, Bankruptcy Judge.

This pro se appeal arises from a judgment rendered after trial in an adversary proceeding which excepted from discharge under 11 U.S.C. § 523(a)(8)3 Debtor Janet Roth’s (“Debtor”) student loan debt to Educational Credit Management Corporation (“ECMC”). We REVERSE and REMAND.

I. FACTS4

From 1989 to 1995 Debtor took out thirteen federally guaranteed student loans totaling over $33,000 under the Federal Family Educational Loan Program (“FFELP Loans”) to fund her attendance at Mesa Community College and Arizona State University. In addition to the FFELP Loans, Debtor also…

2Cases cited34 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Ohio v. RobertsSupreme Court of the United States · 1980
  3. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  4. In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
  5. Don Kirshner, and Schumaier, Roberts & McKinsey v. Uniden Corporation of AmericaCourt of Appeals for the Ninth Circuit · 1988

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3Cited by42 opinions

  1. Kashikar v. Turnstile Capital Management, LLC (In Re Kashikar)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2017
  2. In re: Christopher John Hamilton and Elizabeth Leigh TesolinUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2018
  3. Trudel v. United States Department of Education (In re Trudel)Bankruptcy Appellate Panel of the Sixth Circuit · 2014
  4. Dufrane v. Navient Solutions, Inc. (In re Dufrane)United States Bankruptcy Court, C.D. California · 2017
  5. In re OliverDistrict Court, S.D. Indiana · 2013

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