Legal Opinion
Smith v. Educational Credit Management Corp.
Bankruptcy Appellate Panel of the First Circuit
Decided June 6, 2005No. BAP No. MB 05-005, Bankruptcy No. 01-10486-JS, Adversary No. 02-1113-JBRPublishedCited by 20 opinions
1Per curiam
The defendant, Educational Credit Management Corporation (“ECMC”), appeals from the bankruptcy court’s determination that Elizabeth Smith’s student loan obligations to ECMC are dischargeable under 11 U.S.C. § 523(a)(8). Because we conclude that the bankruptcy court erred in its evaluation of the evidence and that the debtors did not meet their burden of establishing undue hardship, we REVERSE the judgment of the bankruptcy court.
JURISDICTION
A bankruptcy appellate panel may hear appeals from “final judgments, orders and decrees [pursuant to 28 U.S.C. § 158(a)(1)] or with leave of the court,…
2Cases cited20 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Palmacci v. UmpierrezCourt of Appeals for the First Circuit · 1997
- Paul J. Grella, Trustee v. Salem Five Cent Savings BankCourt of Appeals for the First Circuit · 1994
- In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
15 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Bronsdon v. Educational Credit Management Corp. (In Re Bronsdon)Bankruptcy Appellate Panel of the First Circuit · 2010
- Hicks v. Educational Credit Management Corp. (In Re Hicks)United States Bankruptcy Court, D. Massachusetts · 2005
- Burton v. Educational Credit Management Corp. (In Re Burton)United States Bankruptcy Court, E.D. Virginia · 2006
- Gill v. Nelnet Loan Services, Inc. (In Re Gill)United States Bankruptcy Court, E.D. Virginia · 2005
- Davis v. Educational Credit Management Corp. (In Re Davis)District Court, W.D. New York · 2007
15 more not listed; retrieve them via the Exa API.