Education Credit Management Corp. v. Howe (In Re Howe)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
PERRIS, Bankruptcy Judge.
The issue in this appeal is whether the bankruptcy court erred in granting the debtor a partial discharge of her student loan debt pursuant to § 523(a)(8). 1 Because the bankruptcy court applied an incorrect standard in determining whether the debtor could maintain a minimal standard of living if forced to repay her student loans, we REVERSE and REMAND.
FACTS
From 1991 through 1995, Elizabeth Marie Howe (“debtor”) was enrolled in a master of fine arts program, concentrating on film production, at Loyola Marymount University. Debtor financed her graduate education…
2Cases cited8 opinions
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo FaishCourt of Appeals for the Third Circuit · 1996
- 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
- Pennsylvania Higher Education Assistance Agency v. Birrane (In Re Birrane)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- Ivory v. United States (In Re Ivory)United States Bankruptcy Court, N.D. Alabama · 2001
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- In Re SlusherUnited States Bankruptcy Court, D. Nevada · 2007
- Roth v. Educational Credit Management Corp. (In Re Roth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
- Lee v. Regions Bank Student Loans (In Re Lee)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2006
- Miller v. Sallie Mae, Inc. (In Re Miller)United States Bankruptcy Court, E.D. Pennsylvania · 2009
- Grove v. Educational Credit Management Corp. (In Re Grove)United States Bankruptcy Court, N.D. Ohio · 2005
16 more not listed; retrieve them via the Exa API.