Educational Credit Management Corp. v. Young

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).

Cited by

2 cases in this archive cite this case.

• Gesualdi v. Educational Credit Management Corp. (In re Gesualdi)
  S.D. Florida· 2013-08-06· cited 8×
• Johnson v. Department of Education (In re Johnson)
  W.D. Missouri· 2015-12-18· cited 5×

Cites

13 cases in this archive are cited by this case.

• Marie Brunner v. New York State Higher Education Services Corp.
  Second Circuit· 1987-10-14· cited 794×
• In Re Sandra Jane Frushour, Debtor. Educational Credit Management Corporation v. Sandra Jane Frushour
  Fourth Circuit· 2005-12-30· cited 131×
• In Re Dennis Leroy Saxman, Debtor, Dennis Leroy Saxman v. Educational Credit Management Corporation, and Department of Education
  Ninth Circuit· 2003-04-14· cited 123×
• Hemar Insurance v. Cox
  Eleventh Circuit· 2003-07-23· cited 119×
• In the Matter of Southmark Corporation, Debtor. Southmark Corporation v. Joseph Grosz
  Fifth Circuit· 1995-04-14· cited 103×
• Alderete v. Educational Credit Management Corp.
  Tenth Circuit· 2005-06-29· cited 92×
• In the Matter Of: Timothy Gerard O'hearn, Debtor, Timothy Gerard O'Hearn v. Educational Credit Management Corporation
  Seventh Circuit· 2003-08-08· cited 66×
• United States Department of Education v. Gerhardt (In Re Gerhardt)
  Fifth Circuit· 2003-10-23· cited 62×
• In Re Patricia M. Miller, Debtor. Patricia M. Miller v. Pennsylvania Higher Education Assistance Agency, Student Servicing Center
  Sixth Circuit· 2004-07-28· cited 47×
• Pobiner v. Educational Credit Management Corp. (In Re Pobiner)
  E.D. New York· 2004-04-01· cited 27×
• Speer v. Educational Credit Management Corp. (In Re Speer)
  W.D. Texas· 2001-09-06· cited 13×
• Salyer v. Sallie Mae Servicing Corp. (In Re Salyer)
  M.D. Louisiana· 2006-08-31· cited 10×
• Educational Credit Management Corp. v. Pratt (In Re Pratt)
  S.D. Texas· 2007-03-26· cited 7×