Legal Opinion

Educational Credit Management Corp. v. Savage (In Re Savage)

Bankruptcy Appellate Panel of the First Circuit

Decided July 22, 2004No. BAP No. MB 04-004. Bankruptcy No. 03-11025-CJK. Adversary No. 03-01367PublishedCited by 40 opinions

1Opinion of the Court

HAINES, Bankruptcy Judge.

Educational Credit Management Corporation (“ECMC”) appeals from an order of the United States Bankruptcy Court for the District of Massachusetts discharging all but $3,120 of the debtor’s student loan obligations to ECMC under 11 U.S.C. § 523(a)(8). Because we conclude that the Debtor did not sustain her burden of establishing that excepting the debt from discharge would impose an undue hardship, we REVERSE the decision of the bankruptcy court.

JURISDICTION

A bankruptcy appellate panel may hear appeals from “final judgments, orders and decrees [pursuant to 28 U.S.C. §…

2Cases cited45 opinions

Grogan v. GarnerSupreme Court of the United States · 1991
Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
Palmacci v. UmpierrezCourt of Appeals for the First Circuit · 1997
Paul J. Grella, Trustee v. Salem Five Cent Savings BankCourt of Appeals for the First Circuit · 1994
In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993

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

3Cited by40 opinions

Bronsdon v. Educational Credit Management Corp. (In Re Bronsdon)Bankruptcy Appellate Panel of the First Circuit · 2010
Hicks v. Educational Credit Management Corp. (In Re Hicks)United States Bankruptcy Court, D. Massachusetts · 2005
Burton v. Educational Credit Management Corp. (In Re Burton)United States Bankruptcy Court, E.D. Virginia · 2006
Miller v. Sallie Mae, Inc. (In Re Miller)United States Bankruptcy Court, E.D. Pennsylvania · 2009
Smith v. Educational Credit Management Corp.Bankruptcy Appellate Panel of the First Circuit · 2005

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