Legal Opinion
Educational Credit Management Corp. v. McBurney
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided December 5, 2006No. BAP No. AZ-05-1495-DKPa.; Bankruptcy No. 99-09453-RTB; Adversary No. 04-00669-RTBPublishedCited by 2 opinions
1Opinion of the Court
OPINION
DUNN, Bankruptcy Judge:
This is an interlocutory appeal in which a student loan creditor appeals from an order denying its motion to dismiss an adversary proceeding brought by the debt- or, seeking a determination that her student loan debts were dischargeable in her 1999 chapter 71 bankruptcy case. Because we conclude that the consolidation loan made postpetition extinguished the debtor’s liability on prepetition student loans and is not vulnerable to “undue hardship” attack under § 523(a)(8) in a preconsolidation bankruptcy case, we REVERSE.
FACTS
The debtor, Betty A. McBurney, acting…
2Cases cited9 opinions
- No. 84 Employer-Teamster Joint Council Pension Trust Fund v. America West Holding CorpCourt of Appeals for the Ninth Circuit · 2003
- In Re Sieglinde M. Zimmer, Debtor, Sieglinde M. Zimmer v. Psb Lending CorporationCourt of Appeals for the Ninth Circuit · 2002
- Jose Aguado Cervantes v. United StatesCourt of Appeals for the Ninth Circuit · 2003
- In Re: The Woodson Company, Debtor. Fireman's Fund Insurance Companies v. William B. Grover, Trustee, and Official Unsecured Creditors' CommitteeCourt of Appeals for the Ninth Circuit · 1987
- Jennifer Lee Hiatt v. Indiana State Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1994
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3Cited by2 opinions
- In Re McBurneyUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
- Grubin v. Sallie Mae Servicing Corp. (In re Grubin)United States Bankruptcy Court, E.D. New York · 2012