Legal Opinion

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

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided May 8, 2003No. BAP 01-6042PublishedCited by 32 opinions

1Opinion of the Court

SCHERMER, Bankruptcy Judge.

Educational Credit Management Corporation (“Appellant”) appealed the bankruptcy court order discharging the student loan obligation of debtor Nanci Ann Long (“Debtor”). This court upheld the bankruptcy court’s order under a clearly erroneous standard. 1 After further appeal, however, the Eight Circuit Court of Appeals has remanded the matter for a de novo review by this Court. 2

ISSUE

The issue on appeal is whether the Debtor’s student loan obligation to Appellant should be discharged as imposing an undue hardship on the Debtor pursuant to 11 U.S.C. § 523(a)(8). We…

2Cases cited9 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. In Re: Nanci Anne Long Debtor. Nanci Anne Long v. Educational Credit Management CorporationCourt of Appeals for the Eighth Circuit · 2003
  3. In Re Gladys Marie Andrews, Debtor. Gladys Marie Andrews v. South Dakota Student Loan Assistance CorporationCourt of Appeals for the Eighth Circuit · 1981
  4. Andresen v. Nebraska Student Loan Program, Inc. (In Re Andresen)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
  5. Kopf v. United States Department of Education (In Re Kopf)United States Bankruptcy Court, D. Maine · 2000

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

3Cited by32 opinions

  1. Korhonen v. Educational Credit Management Corp. (In Re Korhonen)United States Bankruptcy Court, D. Minnesota · 2003
  2. Cumberworth v. United States Department of Education (In Re Cumberworth)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2006
  3. DeBrower v. Pennsylvania Higher Education Assistance Agency (DeBrower)United States Bankruptcy Court, N.D. Iowa · 2008
  4. Brooks v. Education Credit Management Corporation (In Re Brooks)United States Bankruptcy Court, D. Minnesota · 2009
  5. Faktor v. United States (In Re Faktor)United States Bankruptcy Court, N.D. Iowa · 2004

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

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