Legal Opinion

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

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 30, 2004No. BAP No. NC-03-1438-MaMcP, Bankruptcy No. 02-11455, Adversary No. 02-1162PublishedCited by 43 opinions

1Opinion of the Court

OPINION

MARLAR, Bankruptcy Judge.

INTRODUCTION

In this appeal, we consider the meaning of “additional circumstances” in the test for an “undue hardship” discharge of student loans. The bankruptcy court determined that the healthy, 51-year-old, working debtor, although unable to repay her loans fully in the present or future, did not demonstrate compelling enough circumstances to discharge any part of the loans. We conclude that the court applied an incorrect legal standard, and therefore we REVERSE AND REMAND.

FACTS

At the time of the bankruptcy proceedings, Lorna Kaye Nys (“Debtor”) was a single…

2Cases cited25 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  3. Patricia A. Brooks v. City of San Mateo, a Municipal Order and Corporation San Mateo Police Department John Stangl, Chief of Police Steven SelvaggioCourt of Appeals for the Ninth Circuit · 2000
  4. In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
  5. United States v. Randall K. WoodCourt of Appeals for the Seventh Circuit · 1991

20 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. In Re Lorna Kaye Nys, Debtor, Educational Credit Management Corporation v. Lorna Kaye NysCourt of Appeals for the Ninth Circuit · 2006
  2. Roth v. Educational Credit Management Corp. (In Re Roth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
  3. In Re Keith Mason, Debtor, Educational Credit Management Corporation v. Keith MasonCourt of Appeals for the Ninth Circuit · 2006
  4. Durrani v. Educational Credit Management Corp. (In Re Durrani)United States Bankruptcy Court, N.D. Illinois · 2004
  5. Roundtree-Crawley v. Educational Credit Management Corp. (In Re Crawley)United States Bankruptcy Court, E.D. Pennsylvania · 2011

38 more not listed; retrieve them via the Exa API.

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