Tenth Circuit· 2/4/2004
Educational Credit Management Corp. v. Polleys
Citations
- 356 F.3d 1302
- 51 Collier Bankr. Cas. 2d 998
- 2004 U.S. App. LEXIS 1701
- 2004 WL 206322
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- good faith “can be satisfied by a showing that [the debtor] is actively minimizing current household living expenses and maximizing personal and professional resources.”
- “It is correct to state that Congress wanted undue hardship to be a fact-specific standard.”
- trial court’s “inquiry into future circumstances should be limited to the foreseeable future, at most over the term of the loan.”
- “an inquiry into a debtor’s good faith should focus on questions surrounding the legitimacy of the basis for seeking a discharge”
- debtor who had not made a single payment on loan found in good faith
- “to better advance the Bankruptcy Code’s ‘fresh start’ policy ... the terms of the [.Brunner ] test must be applied such that debtors who truly cannot afford to repay their loans may have their loans discharged”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kelly, Henry, Lucero
Read full opinion on CourtListenerCited by
81 cases in this archive cite this case; the 20 most cited are listed.
- In Re Sandra Jane Frushour, Debtor. Educational Credit Management Corporation v. Sandra Jane FrushourFourth Circuit· 2005-12-30· cited 131×
- In Re: Michael J. Oyler, Debtor. Michael J. Oyler v. Educational Credit Management CorporationSixth Circuit· 2005-02-03· cited 100×
- Alderete v. Educational Credit Management Corp.Tenth Circuit· 2005-06-29· cited 92×
- In Re: Rose A. Tirch, Debtor. Rose A. Tirch v. Pennsylvania Higher Education Assistance AgencySixth Circuit· 2005-06-03· cited 74×
- Educational Credit Management Corp. v. JespersonEighth Circuit· 2009-07-08· cited 71×
- Bronsdon v. Educational Credit Management Corp. (In Re Bronsdon)First Circuit· 2010-09-21· cited 39×
- Educational Credit Management Corp. v. Mosley (In Re Mosley)Eleventh Circuit· 2007-08-09· cited 38×
- Durrani v. Educational Credit Management Corp. (In Re Durrani)N.D. Illinois· 2004-06-30· cited 33×
- Hicks v. Educational Credit Management Corp. (In Re Hicks)D. Massachusetts· 2005-09-12· cited 29×
- Thomas v. Dep't of Educ. (In Re Thomas)Fifth Circuit· 2019-07-30· cited 23×
- Educational Credit Management Corp. v. Mersmann (In Re Mersmann)Tenth Circuit· 2007-09-24· cited 18×
- Educational Credit Management Corp. v. Kelly (Kelly)First Circuit· 2004-07-21· cited 17×
- McLaney v. Kentucky Higher Education Assistance Authority (In Re McLaney)M.D. Alabama· 2007-09-19· cited 17×
- In Re ScarafiottiD. Colorado· 2007-09-07· cited 16×
- Norasteh v. Boston University (In Re Norasteh)S.D. New York· 2004-07-13· cited 16×
- Woodcock v. U.S. Department of Education (In Re Woodcock)Eighth Circuit· 2005-03-21· cited 15×
- Mosley v. General Revenue Corp. (In Re Mosley)N.D. Georgia· 2005-08-25· cited 14×
- Nash v. Connecticut Student Loan FoundationD. Massachusetts· 2005-08-17· cited 12×
- Nightingale v. North Carolina State Education Assistance Authority (In re Nightingale)M.D. North Carolina· 2015-04-20· cited 12×
- In re EngenD. Kansas· 2016-12-13· cited 12×
Cites
29 cases in this archive are cited by this case; the 20 most cited are listed.
- Marie Brunner v. New York State Higher Education Services Corp.Second Circuit· 1987-10-14· cited 794×
- Stellwagen v. ClumSupreme Court· 1918-02-04· cited 330×
- In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionSeventh Circuit· 1993-07-20· cited 281×
- In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo FaishThird Circuit· 1996-01-16· cited 237×
- Brunner v. New York State Higher Education Services Corp. (In Re Brunner)S.D. New York· 1985-02-21· cited 185×
- In Re: Nanci Anne Long Debtor. Nanci Anne Long v. Educational Credit Management CorporationEighth Circuit· 2003-03-11· cited 184×
- In Re Dallas R. Cheesman Margaret J. Cheesman, Debtors. Dallas R. Cheesman Margaret J. Cheesman v. Tennessee Student Assistance CorporationSixth Circuit· 1994-08-04· cited 171×
- In Re Ernest J. Pena Julie Pena, Debtors, United Student Aid Funds, Inc. v. Ernest J. Pena Julie PenaNinth Circuit· 1998-09-11· cited 165×
- In Re Gladys Marie Andrews, Debtor. Gladys Marie Andrews v. South Dakota Student Loan Assistance CorporationEighth Circuit· 1981-10-14· cited 162×
- Hemar Insurance v. CoxEleventh Circuit· 2003-07-23· cited 119×
- Forrestine D. Lemaire, by and Through Her Conservator, Howard C. Lemaire, and Howard C. Lemaire v. United StatesTenth Circuit· 1987-08-13· cited 117×
- Andresen v. Nebraska Student Loan Program, Inc. (In Re Andresen)Eighth Circuit· 1999-03-30· cited 117×
- In Re SmitherW.D. Kentucky· 1996-02-27· cited 100×
- United States v. RichmanTenth Circuit· 1997-08-26· cited 90×
- St. Anthony Hospital v. United States Department of Health & Human ServicesTenth Circuit· 2002-08-28· cited 77×
- United States Department of Education v. Gerhardt (In Re Gerhardt)Fifth Circuit· 2003-10-23· cited 62×
- Healey v. Massachusetts Higher Education (In Re Healey)E.D. Michigan· 1993-11-28· cited 60×
- In the Matter of Oliver Plunkett and Monica Plunkett, Debtors. Appeal of Emerald Builders, IncSeventh Circuit· 1996-04-30· cited 42×
- Houser v. EckhardtSupreme Court of Colorado· 1969-02-17· cited 36×
- Woodcock v. Chemical Bank, NYSHESC (In re Woodcock)Tenth Circuit· 1995-01-06· cited 31×
Sourced from CourtListener / Free Law Project (CC0).
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