· 9/28/2007
Educational Credit Management Corp. v. Young
Citations
- 376 B.R. 795
- 2007 U.S. Dist. LEXIS 76396
- 2007 WL 2907335
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding the debtor’s monthly contribution to 401(k) to be “incompatible with the undue hardship standard Congress chose to apply to discharges of student loans
- discussing how a contribution to a retirement plan was incompatible with the undue hardship standard Congress chose to apply to student loan discharges
- debtor had not maximized his income, despite being employed, because he failed to obtain a Texas law license
- debtor had not maximized his income, despite being employed, because he failed to obtain a Texas law license
- “Though the Fifth Circuit Court of Appeals has not weighed in on the issue, the other circuit courts that have done so have all agreed that a finding of undue hardship necessarily precedes the bankruptcy court’s exercise of its equitable powers.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Schell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.