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Legal Opinion

Wilcox v. Educational Credit Management (In Re Wilcox)

United States Bankruptcy Court, N.D. Ohio

Decided January 16, 2001No. 19-10357PublishedCited by 8 opinions

1Opinion of the Court

DECISION AND ORDER

RICHARD L. SPEER, Chief Judge.

This cause comes before the Court after a Trial on the Plaintiffs’ Complaint to determine the dischargeability of certain student loan debts owed to the Defendant, Educational Credit Management. The Plaintiffs bring their cause of action under 11 U.S.C. § 523(a)(8) which permits student loan obligations to be discharged in bankruptcy if the debtor can establish that repayment of the student loan would impose an “undue hardship” upon the debtor and the debtor’s dependents. Specifically, 11 U.S.C. § 523(a)(8) provides that:(a) A discharge under…

2Cases cited12 opinions

  1. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  2. In Re: Steven Lynn Hornsby Teresa Lynn Hornsby, Debtors. Tennessee Student Assistance Corporation v. Steven Lynn Hornsby Teresa Lynn HornsbyCourt of Appeals for the Sixth Circuit · 1998
  3. In Re Dallas R. Cheesman Margaret J. Cheesman, Debtors. Dallas R. Cheesman Margaret J. Cheesman v. Tennessee Student Assistance CorporationCourt of Appeals for the Sixth Circuit · 1994
  4. In Re Virginia M. Pelkowski A/K/A Virginia M. Dodd, Debtor, Ohio Student Loan Commission, the Loan Servicing Center, James K. McNamara Esq., TrusteeCourt of Appeals for the Third Circuit · 1993
  5. Green v. Sallie Mae Servicing Corp. (In Re Green)United States Bankruptcy Court, N.D. Ohio · 1999

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

3Cited by8 opinions

  1. Cota v. U.S. Department of Education (In Re Cota)United States Bankruptcy Court, D. Arizona · 2003
  2. Chime v. Suntech Student Loan (In Re Chime)United States Bankruptcy Court, N.D. Ohio · 2003
  3. Lowe v. ECMC (In Re Lowe)United States Bankruptcy Court, N.D. Ohio · 2004
  4. Kirchhofer v. Direct Loans (In Re Kirchhofer)United States Bankruptcy Court, N.D. Ohio · 2002
  5. Bruen v. U.S.A. (In Re Bruen)United States Bankruptcy Court, N.D. Ohio · 2001

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

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