Legal Opinion

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

District Court, N.D. Alabama

Decided June 28, 1999No. Bankruptcy No. 93-00635. Adversary No. 97-00202. CIV.A. No. 98-G-2853-SPublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION

GUIN, Senior District Judge.

This matter is before the court on the propriety of the ruling of the bankruptcy court by which it ruled that the appellant was precluded from pursuing the amount of appellee’s student loan debt not included within the Chapter 13 proceeding and its denial of the motion for reconsideration. Issues presented on appeal follow:

1) Did the bankruptcy court’s order reducing the claim discharge the student loan debt?

2) Do res judicata or collateral estoppel prevent appellant Educational Credit Management Corporation [hereinafter ECMC] from collecting the…

2Cases cited9 opinions

  1. In Re Freddie Maxton Bush, Debtor. Freddie Maxton Bush v. Balfour Beatty Bahamas, LimitedCourt of Appeals for the Eleventh Circuit · 1995
  2. Great Lakes Higher Education Corp. v. Pardee (In Re Pardee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  3. United Student Aid Funds Inc. v. Taylor (In Re Taylor)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  4. Bankr. L. Rep. P 73,972 in Re Barry Stephens Yanks, Debtor. Martha Hoskins v. Barry Stephens YanksCourt of Appeals for the Eleventh Circuit · 1991
  5. In Re ShelbayahUnited States Bankruptcy Court, N.D. Georgia · 1994

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

3Cited by16 opinions

  1. Florida Dept. of Revenue v. DiazCourt of Appeals for the Eleventh Circuit · 2011
  2. Hann v. Educational Credit Management Corp. (Hann)Bankruptcy Appellate Panel of the First Circuit · 2012
  3. Educational Credit Management Corp. v. York (In Re York)United States Bankruptcy Court, D. Delaware · 2000
  4. Cruz v. Educational Credit Management Corp. (In Re Cruz)United States Bankruptcy Court, M.D. Georgia · 2000
  5. In Re GirardUnited States Bankruptcy Court, M.D. Alabama · 1999

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

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