Legal Opinion
Belton v. Educational Credit Management Corp. (In re Belton)
United States Bankruptcy Court, W.D. New York
Decided February 14, 2006No. Bankruptcy No. 99-15620 B; Adversary No. 04-1151 BPublishedCited by 1 opinion
1Opinion of the Court
DECISION & ORDER
CARL L. BUCKI, Bankruptcy Judge.
The only open issue in this adversary proceeding is whether collection costs are properly treated as a non-dischargeable component of a student loan, even when the lender chose not to claim these collection costs for purposes of a distribution in chapter 13.
Teresa L. Belton, the debtor herein, filed a petition for relief under chapter 13 of the Bankruptcy Code on October 13, 1999. Pursuant to her confirmed plan of reorganization, unsecured creditors were to receive a distribution of five percent of their allowed claims. These unsecured creditors…
2Cases cited6 opinions
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Great Lakes Higher Education Corp. v. Pardee (In Re Pardee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- Bell v. Educational Credit Management Corp. (In Re Bell)District Court, N.D. Alabama · 1999
- Educational Credit Management Corp. v. BarnesUnited States Bankruptcy Court, S.D. Indiana · 2004
- In Re KlassenUnited States Bankruptcy Court, D. Kansas · 1998
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hann v. Educational Credit Management Corp. (Hann)Bankruptcy Appellate Panel of the First Circuit · 2012