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

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Cited by

81 cases in this archive cite this case; the 20 most cited are listed.

Cites

29 cases in this archive are cited by this case; the 20 most cited are listed.

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