Legal Opinion
Educational Credit Management Corp. v. Gouge
District Court, W.D. North Carolina
Decided February 22, 2005No. Civ. 1:04CV115PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
THORNBURG, District Judge.
THIS MATTER is before the Court on the appeal of Educational Credit Management Corporation (Appellant) from the Order of the United States Bankruptcy Court finding that repayment by the Debtor of Ms student loan would constitute an undue hardship and allowing a discharge thereof.
I. STANDARD OF REVIEW
The decision of the Bankruptcy Court is reviewed by a two-step process. Reversal of the findings of fact of the Bankruptcy Court may occur only where the findings are clearly erroneous. Schlossberg v. Barney, 380 F.3d 174, 177 (4th Cir.2004); In re…
2Cases cited14 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo FaishCourt of Appeals for the Third Circuit · 1996
- In Re Walter Green, Debtor. Walter Green v. A. Gray Staples, Jr., Assistant United States TrusteeCourt of Appeals for the Fourth Circuit · 1991
- 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
- In Re: Murray L. Deutchman, Debtor. Murray L. Deutchman, Debtor-Appellant v. Internal RevenueCourt of Appeals for the Fourth Circuit · 1999
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3Cited by3 opinions
- Gill v. Nelnet Loan Services, Inc. (In Re Gill)United States Bankruptcy Court, E.D. Virginia · 2005
- Bray v. Educational Credit Management Corp. (In Re Bray)United States Bankruptcy Court, W.D. Missouri · 2005
- Keever v. Gallagher (In Re Gallagher)District Court, W.D. North Carolina · 2008