Legal Opinion

In Re: Paul F. Bender Lee E.J. Bender, Debtors. Lee E.J. Bender v. Educational Credit Management Corporation

Court of Appeals for the Eighth Circuit

Decided May 12, 2004No. 03-2507PublishedCited by 40 opinions

1Opinion of the Court

MORRIS SHEPPARD ARNOLD, Circuit Judge.

This is an appeal from the district court’s 1 determination that Lee Bender’s petition to discharge her student loans in a bankruptcy proceeding was not ripe for review. We affirm.

In February 2001, Ms. Bender and her husband filed for bankruptcy under Chapter 13. Four months later, three and a half years before they would become enti-tied to a discharge of debts under their Chapter 13 plan, Ms. Bender commenced this adversary proceeding seeking discharge of her student loan debt to Educational Credit Management Corporation. A little over a year later, the…

2Cases cited3 opinions

  1. Flast v. CohenSupreme Court of the United States · 1968
  2. National Treasury Employees Union v. United StatesCourt of Appeals for the D.C. Circuit · 1996
  3. In Re: Nanci Anne Long Debtor. Nanci Anne Long v. Educational Credit Management CorporationCourt of Appeals for the Eighth Circuit · 2003

3Cited by40 opinions

  1. In Re Wireless Telephone Federal Cost Recovery Fees LitigationCourt of Appeals for the Eighth Circuit · 2005
  2. Senty-Haugen v. GoodnoCourt of Appeals for the Eighth Circuit · 2006
  3. Walker v. Sallie Mae Servicing Corp. (In Re Walker)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2010
  4. Public Water Supply District No. 8 Of Clay County, Missouri v. City Of Kearney, MissouriCourt of Appeals for the Eighth Circuit · 2005
  5. Walker v. Sallie Mae Servicing Corp. (In Re Walker)Court of Appeals for the Eighth Circuit · 2011

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