Legal Opinion

In Re Evans

United States Bankruptcy Court, W.D. Washington

Decided March 21, 2005No. 18-44108PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM DECISION ON STUDENT LOANS AND COLLECTION CHARGES

KAREN A. OVERSTREET, Bankruptcy Judge.

In these cases, the debtors challenge proofs of claim filed by Educational Credit Management Corporation (“ECMC”) for student loan debt. In particular, the debtors have challenged ECMC’s inclusion of collection costs in the claims, contending that the collection costs are unreasonable and that they constitute postpetition claims not allowable in their bankruptcy cases. Rebecca Valdivia also contends that her loans are eligible for rehabilitation, and that on that basis, any collection costs that…

2Cases cited4 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Educational Credit Management Corp. v. BarnesUnited States Bankruptcy Court, S.D. Indiana · 2004
  3. In Re SchlehrUnited States Bankruptcy Court, D. Montana · 2003
  4. In Re BrownUnited States Bankruptcy Court, N.D. Ohio · 2004

3Cited by2 opinions

  1. Ryker v. CurrentDistrict Court, D. New Jersey · 2006
  2. In Re SprolitoUnited States Bankruptcy Court, D. Puerto Rico · 2006

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