Legal Opinion

Educational Credit Management Corp. v. Kelly (Kelly)

Bankruptcy Appellate Panel of the First Circuit

Decided July 21, 2004No. BAP No. MW 03-029. Bankruptcy No. 02-40158-JBR. Adversary No. 02-04196-JBRPublishedCited by 16 opinions

1Opinion of the Court

KORNREICH, Bankruptcy Judge.

This matter is before us on appeal by Educational Credit Management Corporation (“ECMC”) from the April 7, 2003 order (the “Order”) of the United States Bankruptcy Court for the District of Massachusetts (“Bankruptcy Court” or “Court”) determining the dischargeability of six of the Debtor’s seven ECMC student loans under 11 U.S.C. § 523(a)(8). 1 The Bankruptcy Court decided that two loans totaling $10,225.31 were not dischargeable and that four loans totaling $63,109.87 were dischargeable. 2 We agree with the Bankruptcy Court that repayment of the four loans would…

2Cases cited31 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. Catlin v. United StatesSupreme Court of the United States · 1945
  4. Caminetti v. United StatesSupreme Court of the United States · 1917
  5. Local Loan Co. v. HuntSupreme Court of the United States · 1934

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3Cited by16 opinions

  1. Bronsdon v. Educational Credit Management Corp. (In Re Bronsdon)Bankruptcy Appellate Panel of the First Circuit · 2010
  2. Smith v. Educational Credit Management Corp.Bankruptcy Appellate Panel of the First Circuit · 2005
  3. Lorenz v. American Education Services/Pennsylvania Higher Education Assistance Agency (In Re Lorenz)Bankruptcy Appellate Panel of the First Circuit · 2006
  4. McLaney v. Kentucky Higher Education Assistance Authority (In Re McLaney)District Court, M.D. Alabama · 2007
  5. In Re BrunellUnited States Bankruptcy Court, D. Massachusetts · 2006

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

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