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

ORDER

JOHN S. DALIS, Chief Judge.

By motion, Educational Credit Management Corporation (“ECMC”) seeks to dis miss the complaint of Raymond D. Barton (“Debtor”) for failure to state a claim for which relief may be granted under either 20 U.S.C. § 1087 or 11 U.S.C. § 528. Because matters outside the pleadings were offered by the Debtor in their response to the motion to dismiss, I treat the motion to dismiss for failure to state a claim under 20 U.S.C. § 1087 as one for summary judgment under Federal Bankruptcy Rule of Procedure 7056. ECMC is entitled to summary judgment as to any claim asserted…