Legal Opinion
Cruz v. Educational Credit Management Corp. (In Re Cruz)
United States Bankruptcy Court, M.D. Georgia
Decided October 27, 2000No. 19-70082PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION
JOHN T. LANEY, III, Bankruptcy Judge.
On September 6, 2000, the court held a hearing on Debtors’ motion for contempt against Educational Credit Management Corporation and Allied Interstate (“ECMC”). The court took under advisement the issues of whether ECMC’s interception of Debtors’ tax refund was in violation of the discharge injunction and whether collateral estoppel barred ECMC’s actions. The court has considered the evidence, ECMC’s brief, and the applicable statutory and case law. For the reasons that follow, the court will deny Debtors’ motion.
FACTS
On May 22, 1987,…
2Cases cited4 opinions
- In the Matter of Alfred Lawrence Merrill, A/K/A Larry Merrill, Bankrupt. Larry Merrill v. Walter E. Heller & Company of Alabama, a CorporationCourt of Appeals for the Fifth Circuit · 1979
- In Re ShelbayahUnited States Bankruptcy Court, N.D. Georgia · 1994
- I.A. Durbin, Inc. v. Jefferson National BankCourt of Appeals for the Eleventh Circuit · 1986
- Bell v. Educational Credit Management Corp. (In Re Bell)District Court, N.D. Alabama · 1999
3Cited by7 opinions
- Florida Dept. of Revenue v. DiazCourt of Appeals for the Eleventh Circuit · 2011
- Zich v. Wheeler Wolf Attorneys (In Re Zich)United States Bankruptcy Court, M.D. Georgia · 2003
- Hann v. Educational Credit Management Corp. (Hann)Bankruptcy Appellate Panel of the First Circuit · 2012
- Litton Loan Servicing, L.L.P. v. Eads (In Re Eads)United States Bankruptcy Court, E.D. Texas · 2009
- Lund-Ross Constructors, Inc. v. Jay BuchananUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2021
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