Legal Opinion
Patton v. U.S. Dept. of Education (In Re Patton)
United States Bankruptcy Court, E.D. Washington
Decided April 3, 2001No. 19-00293PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OPINION
JOHN A. ROSSMEISSL, Bankruptcy Judge.
These summary judgment motions involve a common issue raised in five adversary proceedings pending before the Court. The issue raised in each of the cases is whether the provisions of a confirmed Chapter 13 plan dealing with discharge of student loan debt can be attacked post confirmation on the basis that the provisions are contrary to the Bankruptcy Code, when the aggrieved creditor had notice of the plan and failed to object to confirmation or appeal the confirmation order.
Facts
Counsel for the debtors/plaintiffs in each of these cases…
2Cases cited8 opinions
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Andersen v. UNIPAC-NEBHELP (In Re Andersen)Court of Appeals for the Tenth Circuit · 1999
- In Re: Robert McKnight Pardee Darlene Daigle-Pardee, Debtors. Great Lakes Higher Education Corporation v. Robert McKnight Pardee Darlene Daigle-PardeeCourt of Appeals for the Ninth Circuit · 1999
- Great Lakes Higher Education Corp. v. Pardee (In Re Pardee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- Andersen v. Higher Education Assistance Foundation (In Re Andersen)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Espinosa v. United Student Aid Funds, Inc.Court of Appeals for the Ninth Circuit · 2008
- Educational Credit Management Corp. v. Repp (In Re Repp)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
- Duplessis v. Valenti (In Re Valenti)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
- Educational Credit Management Corp. v. Whelton (In Re Whelton)District Court, D. Vermont · 2004
- El Khabbaz v. Sallie Mae Servicing Corp. Texas Guaranteed Student Loan (In Re El Khabbaz)United States Bankruptcy Court, N.D. Iowa · 2001
4 more not listed; retrieve them via the Exa API.