Legal Opinion
Educational Credit Management Corp. v. Repp (In Re Repp)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided March 26, 2004No. BAP No. EW-03-1225-KRYRI, Bankruptcy No. 99-05994-R33, Adversary No. A02-00181-R33PublishedCited by 23 opinions
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
This is the next skirmish in the war over the use of “illegal” chapter 13 plan provisions to discharge student loan debts notwithstanding a statute that excepts such debts from the chapter 13 discharge. The pro-discharge forces won the last “discharge-by-declaration” engagement in Great Lakes Higher Educ. Corp. v. Pardee (In re Pardee), 193 F.3d 1083 (9th Cir.1999).
The specific question, still open in the Ninth Circuit, is whether a student loan creditor whose collection rights would be terminated by a chapter 13 plan provision is entitled to notice…
2Cases cited25 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Billy R. Shapley v. Nevada Board of State Prison Commissioners, an Administrative BodyCourt of Appeals for the Ninth Circuit · 1985
- A. v. Costantini v. Trans World Airlines and Does I Through XcCourt of Appeals for the Ninth Circuit · 1982
- 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
- Andersen v. UNIPAC-NEBHELP (In Re Andersen)Court of Appeals for the Tenth Circuit · 1999
20 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Espinosa v. United Student Aid Funds, Inc.Court of Appeals for the Ninth Circuit · 2008
- In Re: Stephanie Ruehle, Debtor. Stephanie Ruehle v. Educational Credit Management CorporationCourt of Appeals for the Sixth Circuit · 2005
- Whelton v. Educational Credit Management Corp.Court of Appeals for the Second Circuit · 2005
- Brawders v. County of Ventura (In Re Brawders)Court of Appeals for the Ninth Circuit · 2007
- George v. City of Morro Bay (In Re George)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
18 more not listed; retrieve them via the Exa API.