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· 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 CourtListener

Sourced 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.