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Legal Opinion

Gesualdi v. Educational Credit Management Corp. (In re Gesualdi)

United States Bankruptcy Court, S.D. Florida.

Decided August 6, 2013No. CASE NO.: 07-12637-BKC-PGH; ADV. NO.: 12-01816-BKC-PGH-APublishedCited by 8 opinions

1Opinion of the Court

CHAPTER 7

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Paul G. Hyman, Chief Judge, United States Bankruptcy Court

THIS MATTER came before the Court for trial on May 28, 2013, upon Scott C. Gesualdi’s (the “Plaintiff’) Amended Complaint to Determine Dischargeability of Debt Pursuant to § 523(a)(8) (the “Amended Complaint”) (ECF No. 39) against Educational Credit Management Corporation, commonly known as ECMC (the “Defendant”). On December 6, 2012, the Defendant filed its Answer to Amended Complaint (the “Defendant’s Answer”) (ECF No. 45). On April 25, 2013, the Plaintiff and the Defendant filed a…

2Cases cited50 opinions

  1. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  2. In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
  3. In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo FaishCourt of Appeals for the Third Circuit · 1996
  4. In Re Sandra Jane Frushour, Debtor. Educational Credit Management Corporation v. Sandra Jane FrushourCourt of Appeals for the Fourth Circuit · 2005
  5. Hemar Insurance v. CoxCourt of Appeals for the Eleventh Circuit · 2003

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3Cited by8 opinions

  1. Tuttle v. Educ. Credit Mgmt. Corp. (In re Tuttle)United States Bankruptcy Court, E.D. Wisconsin · 2019
  2. Johnson v. Department of Education (In re Johnson)United States Bankruptcy Court, W.D. Missouri · 2015
  3. Johnson v. Sallie Mae, Inc. (In re Johnson)United States Bankruptcy Court, D. Kansas · 2017
  4. Halatek v. William D. Ford Fed. Direct Loan (Direct Loan) Program (In re Halatek)United States Bankruptcy Court, E.D. North Carolina · 2018
  5. Department Of Education v. United States Bankruptcy Court for the District of ColoradoBankruptcy Appellate Panel of the Tenth Circuit · 2020

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