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· 7/30/2008

Spence v. Educational Credit Management Corp. (In Re Spence)

Citations

  • 541 F.3d 538
  • 2008 U.S. App. LEXIS 16405
  • 2008 WL 2949241

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Brunner’s second prong was not satisfied where the debtor was in a low-paying job but held “a master’s degree along with completed Ph.D. course work”
  • holding that the bankruptcy court erred in finding that the debtor was entitled to discharge her student loans where the debtor “suffer[ed] from diabetes and high blood pressure, but neither these ailments nor any other age-related health problems affect[ed] her ability to work full-time”
  • denying undue hardship discharge of $161,000 in student loan debts to debtor in her late 60s suffering from diabetes and high blood pressure
  • denying undue hardship discharge of $161,000 in student loan debts to debtor in her late 60s suffering from diabetes and high blood pressure
  • finding no \additional circumstances\ outside of normal hardships faced by bankruptcy petitioners that would render debtor's situation hopeless, who was 62 years old and had low-paying job
  • construing a document purporting to be a notice of appeal to pertain to the district court’s final order even though it designated only the district court’s order denying the motion for rehearing

Source: CourtListener parenthetical corpus (CC0).

Judges: Traxler, Circuit Judge, Hamilton, Senior Circuit Judge, and David R. Hansen, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, Sitting by Designation

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.