Poland v. Educational Credit Management Corp. (In Re Poland)
Court of Appeals for the Tenth Circuit
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
- Andersen v. UNIPAC-NEBHELP (In Re Andersen)Court of Appeals for the Tenth Circuit · 1999
- United States v. RichmanCourt of Appeals for the Tenth Circuit · 1997
- In Re GrynbergCourt of Appeals for the Tenth Circuit · 1993
- In Re DepaoloCourt of Appeals for the Tenth Circuit · 1995
3Cited by18 opinions
- In Re MontoyaUnited States Bankruptcy Court, D. Utah · 2006
- In Re: Stephanie Ruehle, Debtor. Stephanie Ruehle v. Educational Credit Management CorporationCourt of Appeals for the Sixth Circuit · 2005
- Whelton v. Educational Credit Management Corp.Court of Appeals for the Second Circuit · 2005
- Educational Credit Management Corp. v. Mersmann (In Re Mersmann)Court of Appeals for the Tenth Circuit · 2007
- Sallie Mae Servicing Corp. v. Ransom (In Re Ransom)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
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