Legal Opinion

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

Court of Appeals for the First Circuit

Decided March 29, 2013No. 12-9006PublishedCited by 16 opinions

1Opinion of the Court

STAHL, Circuit Judge.

During appellee Barbara Hann’s chapter 13 bankruptcy, appellant Educational Credit Management Corporation (ECMC) filed a proof of claim based on Hann’s ostensibly unpaid student loans. Hann, believing that her loans had been repaid, objected to the claim. After a hearing at which ECMC failed to appear, the bank ruptcy court entered an order sustaining Hann’s objection and “allow[ing]” ECMC’s claim “in the amount of $0.00.” When ECMC resumed collection efforts after the bankruptcy concluded, Hann reopened her case and filed an adversary complaint against ECMC, alleging…

2Cases cited25 opinions

  1. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  2. Langenkamp v. CulpSupreme Court of the United States · 1991
  3. Bessette v. AVCO Financial Services Inc.Court of Appeals for the First Circuit · 2000
  4. In Re Hemingway Transport, Inc., Debtors. Juniper Development Group, Etc. v. Herbert C. Kahn, Etc., (Two Cases) in Re Hemingway Transport, Inc., Debtors. Juniper Development Group, Etc. v. Herbert C. Kahn, Etc., in Re Hemingway Transport, Inc., Debtors. Juniper Development Group, Etc. v. Herbert C. Kahn, Etc.Court of Appeals for the First Circuit · 1993
  5. Jamo v. Katahdin Federal Credit UnionCourt of Appeals for the First Circuit · 2002

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3Cited by16 opinions

  1. Wen Jing Huang v. Juan Juan Chen (In re Wen Jing Huang)United States Bankruptcy Court, D. Massachusetts · 2014
  2. In re GormanUnited States Bankruptcy Court, E.D. Tennessee · 2013
  3. Missouri v. Spencer (In re Spencer)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2016
  4. Resurgent Capital Servs., L.P. v. Harrington (In re Cushman)United States Bankruptcy Court, D. Maine · 2018
  5. In re FordUnited States Bankruptcy Court, D. South Carolina · 2015

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