Legal Opinion

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

Court of Appeals for the Tenth Circuit

Decided September 7, 2004No. 02-3020PublishedCited by 18 opinions

1Opinion of the Court

BRORBY, Circuit Judge.

Generally speaking, a Chapter 13 bankruptcy debtor is relieved of her debts following completion of the bankruptcy plan; in other words, the debts are discharged. 11 U.S.C. § 1328(a). There are, however, exceptions to discharge, including a student-loan debt. Id. §§ 1328(a)(2); 523(a)(8). But there is also an exception to this exception: if excepting a student loan debt from discharge would impose an undue hardship on the debtor and the debtor’s dependents, the debt will be discharged. Id. § 523(a)(8). In Andersen v. UNIPAC-NEBHELP (In re Andersen), 179 F.3d 1253 (10th…

2Cases cited4 opinions

  1. Andersen v. UNIPAC-NEBHELP (In Re Andersen)Court of Appeals for the Tenth Circuit · 1999
  2. United States v. RichmanCourt of Appeals for the Tenth Circuit · 1997
  3. In Re GrynbergCourt of Appeals for the Tenth Circuit · 1993
  4. In Re DepaoloCourt of Appeals for the Tenth Circuit · 1995

3Cited by18 opinions

  1. In Re MontoyaUnited States Bankruptcy Court, D. Utah · 2006
  2. In Re: Stephanie Ruehle, Debtor. Stephanie Ruehle v. Educational Credit Management CorporationCourt of Appeals for the Sixth Circuit · 2005
  3. Whelton v. Educational Credit Management Corp.Court of Appeals for the Second Circuit · 2005
  4. Educational Credit Management Corp. v. Mersmann (In Re Mersmann)Court of Appeals for the Tenth Circuit · 2007
  5. Sallie Mae Servicing Corp. v. Ransom (In Re Ransom)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API