Legal Opinion
Alderete v. Educational Credit Management Corp.
Court of Appeals for the Tenth Circuit
Decided June 29, 2005No. 04-2109PublishedCited by 86 opinions
1Opinion of the Court
TACHA, Chief Circuit Judge.
Plaintiffs-Appellees Robert and Linda Alderete filed for Chapter 7 bankruptcy and sought to discharge their student loans. The Bankruptcy Court found that these loans did not impose an “undue hardship” as required by 11 U.S.C. § 523(a)(8) but nonetheless granted a partial discharge of these loans. Defendant-Appellant Educational Credit Management Corp. (“ECMC”) appealed this decision to the United States Bankruptcy Appellate Panel for the Tenth Circuit (“BAP”). The BAP held that the Bankruptcy Court erred in not finding that an “undue hardship” existed and affirmed…
2Cases cited10 opinions
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Hemar Insurance v. CoxCourt of Appeals for the Eleventh Circuit · 2003
- Educational Credit Management Corp. v. PolleysCourt of Appeals for the Tenth Circuit · 2004
- In Re Dennis Leroy Saxman, Debtor, Dennis Leroy Saxman v. Educational Credit Management Corporation, and Department of EducationCourt of Appeals for the Ninth Circuit · 2003
- In Re Patricia M. Miller, Debtor. Patricia M. Miller v. Pennsylvania Higher Education Assistance Agency, Student Servicing CenterCourt of Appeals for the Sixth Circuit · 2004
5 more not listed; retrieve them via the Exa API.
3Cited by86 opinions
- In Re Sandra Jane Frushour, Debtor. Educational Credit Management Corporation v. Sandra Jane FrushourCourt of Appeals for the Fourth Circuit · 2005
- Johnson v. Riebesell (In Re Riebesell)Court of Appeals for the Tenth Circuit · 2009
- Mathai v. Warren (In Re Warren)Court of Appeals for the Tenth Circuit · 2008
- Paul v. IglehartCourt of Appeals for the Tenth Circuit · 2008
- Johnson v. Smith (In Re Johnson)Court of Appeals for the Tenth Circuit · 2007
81 more not listed; retrieve them via the Exa API.