- 11 U.S.C.
Educational Credit Mgmt. Corp. v. Mersmann (In re Mersmann)
Sep
24
2007
Ruling
"Discharge by declaration" of student loan debt without adversary proceeding no longer allowed within 10th Circuit.
Procedural posture
In consolidated appeals from the Bankruptcy Appellate Panel for the Tenth Circuit, the federal court of appeals was asked to reconsider its precedent concerning the discharge in bankruptcy of student loan debts vis-a-vis two debtors. Under 11 U.S.C. § 523(a)(8), student loans were nondischargeable unless a student debtor proved that continued payment was an undue hardship. The Tenth Circuit allowed "discharge by declaration."
ABI Membership is required to access the full summary of Educational Credit Mgmt. Corp. v. Mersmann (In re Mersmann) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available