Legal Opinion
In Re Lorna Kaye Nys, Debtor, Educational Credit Management Corporation v. Lorna Kaye Nys
Court of Appeals for the Ninth Circuit
Decided April 26, 2006No. 04-16007PublishedCited by 56 opinions
1Opinion of the Court
TALLMAN, Circuit Judge.
Debtor-Appellee Lorna Kaye Nys (“Nys”) filed an adversary complaint in bankruptcy court to have her student loans discharged under 11 U.S.C. § 523(a)(8). The trial court found from the evidence that Nys’s current income is “not nearly enough to pay off her student loans,” and that it “is the most she can reasonably be expected to earn in the foreseeable future.” The bankruptcy court nonetheless ruled against Nys, concluding that “undue hardship” requires the showing of an “exceptional circumstance” beyond the mere inability to pay.
Nys appealed to the Bankruptcy…
2Cases cited10 opinions
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Brunner v. New York State Higher Education Services Corp. (In Re Brunner)District Court, S.D. New York · 1985
- 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
- In Re Ernest J. Pena Julie Pena, Debtors, United Student Aid Funds, Inc. v. Ernest J. Pena Julie PenaCourt of Appeals for the Ninth Circuit · 1998
- In Re Dennis Leroy Saxman, Debtor, Dennis Leroy Saxman v. Educational Credit Management Corporation, and Department of EducationCourt of Appeals for the Ninth Circuit · 2003
5 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Roth v. Educational Credit Management Corp. (In Re Roth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
- Educational Credit Management Corp. v. Mosley (In Re Mosley)Court of Appeals for the Eleventh Circuit · 2007
- In Re Keith Mason, Debtor, Educational Credit Management Corporation v. Keith MasonCourt of Appeals for the Ninth Circuit · 2006
- Racusin v. American Wagering, Inc.Court of Appeals for the Ninth Circuit · 2007
- Simson v. Burkart (In Re Simpson)Court of Appeals for the Ninth Circuit · 2009
51 more not listed; retrieve them via the Exa API.