Legal Opinion
Educational Credit Management Corp. v. Nelson (In Re Nelson)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided December 14, 2004No. BAP No. KS-04-017, Bankruptcy No. 98-41327-13, Adversary No. 03-7025PublishedCited by 2 opinions
1Opinion of the Court
OPINION
THURMAN, Bankruptcy Judge.
Educational Credit Management Corporation (ECMC) timely appeals a final Judgment entered by the United States Bankruptcy Court for the District of Kansas discharging the debtors’ student loan debt remaining unpaid after completion of their confirmed Chapter 13 Plan. 1 The parties have consented to this Court’s jurisdiction because they have not elected to have the appeal heard by the United States District Court for the District of Kansas. 2 For the reasons stated below, the bankruptcy court’s Judgment is REVERSED.
I. Background
The debtors filed a Chapter 13…
2Cases cited7 opinions
- Tennessee Student Assistance Corporation v. HoodSupreme Court of the United States · 2004
- Andersen v. UNIPAC-NEBHELP (In Re Andersen)Court of Appeals for the Tenth Circuit · 1999
- Educational Credit Management Corp. v. PolleysCourt of Appeals for the Tenth Circuit · 2004
- Poland v. Educational Credit Management Corp. (In Re Poland)Court of Appeals for the Tenth Circuit · 2004
- Alderete v. Educational Credit Management Corp. (In Re Alderete)Bankruptcy Appellate Panel of the Tenth Circuit · 2004
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3Cited by2 opinions
- In Re MontoyaUnited States Bankruptcy Court, D. Utah · 2006
- Educational Credit Management Corp. v. Mersmann (In Re Mersmann)Bankruptcy Appellate Panel of the Tenth Circuit · 2004