Educational Credit Management Corporation (“ECMC”) appeals from the decision of the Bankruptcy Appellate Panel (“BAP”), which affirmed the bankruptcy court’s partial dis-
charge of government-insured student loans held by Debtor-Appellee Keith Mason (“Mason”). See Educ. Credit Mgmt. Corp. v. Mason (In re Mason), 315 B.R. 554 (B.A.P. 9th Cir. 2004). The bankruptcy court held that full repayment of the
loans would cause Mason an undue hardship within the meaning of 11 U.S.C. § 523(a)(8). It therefore discharged all amounts that Mason owed to ECMC in excess of $32,400.1
The bankruptcy court had jurisdiction under 28 U.S.C. § 157(b). The BAP had jurisdiction under § 158(c). We have jurisdiction under § 158(d), and we reverse.
Date of opinion: 9/28/06
Full opinion click here.
Monday, January 7, 2008
Educational Credit Management Group vs. Mason D-04-1075-BMaP 04-1077
Posted by Rachel Lynn Foley at 5:12 PM
Labels: 9th Circuit Court of Appeals, Brunner test, Judge Tashima, student loan
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