Legal Opinion

Kentucky Higher Education Assistance Authority v. Fears (In Re Fears)

District Court, W.D. Kentucky

Decided February 6, 2001No. 5:00-cv-00364PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

SIMPSON, Chief Judge.

The Appellants appeal orders of the bankruptcy court denying, in part, their proofs of claim. They contend that they were denied improperly the right to include collection fees in their claims. For the reasons set forth below, we reverse and remand.

I FACTS AND PROCEDURAL HISTORY

The following facts are drawn from the opinion of the bankruptcy court and are undisputed for purposes of this appeal.

In the Chapter 13 bankruptcy case of James and Pamela Thompson, Educational Credit Management Corporation (“ECMC”), a student loan creditor, filed proof of an…

2Cases cited7 opinions

  1. Caminetti v. United StatesSupreme Court of the United States · 1917
  2. In Re Howard P. Batie, Debtor. Investors Credit Corporation v. Howard P. BatieCourt of Appeals for the Sixth Circuit · 1993
  3. Sakowitz, Inc. v. Chase Bank International (In Re Sakowitz, Inc.)United States Bankruptcy Court, S.D. Texas · 1989
  4. In Re TriccaUnited States Bankruptcy Court, D. Massachusetts · 1996
  5. In Re ByrdUnited States Bankruptcy Court, E.D. Tennessee · 1996

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

3Cited by1 opinion

  1. Educational Credit Management Corp. v. BarnesDistrict Court, S.D. Indiana · 2001

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