Legal Opinion

Conway v. National Collegiate Trust (In re Conway)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided August 21, 2013No. BAP No. 13-6016PublishedCited by 20 opinions

1Opinion of the Court

SALADINO, Bankruptcy Judge.

The Plaintiff, Chelsea Conway, appeals the decision of the bankruptcy court finding her student loan obligations to National Collegiate Trust (“NCT”) and First Marblehead Corp., Inc.1 to be nondis-chargeable. For the reasons stated below, we reverse and remand.

FACTUAL BACKGROUND

Many of the underlying facts are uncon-troverted.2 On December 7, 2009, Ms. Conway filed for Chapter 7 bankruptcy protection and received a discharge on March 16, 2010. On December 16, 2011, Ms. Conway filed a motion to reopen her case, which motion was granted on December 20, 2011. On…

2Cases cited12 opinions

  1. Burgs v. SisselCourt of Appeals for the Eighth Circuit · 1984
  2. Tennessee Student Assistance Corporation v. HoodSupreme Court of the United States · 2004
  3. In Re: Nanci Anne Long Debtor. Nanci Anne Long v. Educational Credit Management CorporationCourt of Appeals for the Eighth Circuit · 2003
  4. Andresen v. Nebraska Student Loan Program, Inc. (In Re Andresen)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
  5. Educational Credit Management Corp. v. JespersonCourt of Appeals for the Eighth Circuit · 2009

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

3Cited by20 opinions

  1. Conway v. National Collegiate Trust (In Re Conway)Court of Appeals for the Eighth Circuit · 2014
  2. Martin v. Great Lakes Higher Educ. Grp. (In re Martin)United States Bankruptcy Court, N.D. Iowa · 2018
  3. Nielsen v. ACS, Inc. (In re Nielsen)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2014
  4. Price v. DeVos (In re Price)United States Bankruptcy Court, E.D. Pennsylvania · 2017
  5. Smith v. United States Department of Education (In re Smith)United States Bankruptcy Court, D. Massachusetts · 2013

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

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