Legal Opinion

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

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided September 11, 2012No. BAP HI-12-1055-JuHPa; Bankruptcy 10-03328; Adversary 11-90016PublishedCited by 17 opinions

1Opinion of the Court

OPINION

JURY, Bankruptcy Judge.

Debtor Stacy Marie Jorgensen (“Jor-gensen”) sought to discharge student loan debt owed to Educational Credit Management Corporation (“ECMC”) as an undue hardship under § 523(a)(8). 1 The bankruptcy court granted a partial discharge of the debt. ECMC appeals, contending that the bankruptcy court erred in finding that Jorgensen met all three prongs of the undue hardship test set forth in Brunner v. N.Y. State Higher Educ. Servs. Corp. (In re Brunner), 46 B.R. 752 (Bankr.S.D.N.Y.1985) aff’ d, 831 F.2d 395 (2d Cir.1987). We AFFIRM.

I. FACTS

Jorgensen is forty-four…

2Cases cited14 opinions

  1. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
  2. Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
  3. Brunner v. New York State Higher Education Services Corp. (In Re Brunner)District Court, S.D. New York · 1985
  4. In Re Ernest J. Pena Julie Pena, Debtors, United Student Aid Funds, Inc. v. Ernest J. Pena Julie PenaCourt of Appeals for the Ninth Circuit · 1998
  5. In Re Les Deville, Debtor. In Re Steven J. Dagget, Debtor. In Re Daniel Miller, Debtor. Daniel Miller, Jr. Arlo Hale Smith v. Noreen CardinaleCourt of Appeals for the Ninth Circuit · 2004

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3Cited by17 opinions

  1. Roth v. Educational Credit Management Corp. (In Re Roth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
  2. Kashikar v. Turnstile Capital Management, LLC (In Re Kashikar)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2017
  3. Institute of Imaginal Studies v. Christoff (In Re Christoff)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
  4. Rossman v. United States (In re Rossman)United States Bankruptcy Court, D. Massachusetts · 2012
  5. Hurley v. United States (In Re Hurley)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2019

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