- FRBP
Queen v. Educational Credit Mgmt. Corp. (In re Watkins)
Sep
27
2011
Ruling
Bankruptcy court erred in denying motion to reopen to determine dischargeability of student loan debt, which could be requested at any time.
Procedural posture
Plaintiff filed a Chapter 7 bankruptcy petition and received a general discharge. Plaintiff subsequently filed a motion in the United States Bankruptcy Court for the Western District of Missouri to reopen her case and filed an adversary proceeding to determine the dischargeability under 11 U.S.C.S. § 523(a)(8) of her student loan. The bankruptcy court granted defendant's motion to dismiss. Plaintiff appealed.
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Court
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