United States Ninth Circuit
Educ. Credit Mgmt. Corp. v. Nys, 04-16007
A bankruptcy panel's reversal of a ruling against a creditor on her adversary complaint in bankruptcy court to have her student loans discharged is affirmed where the bankruptcy court erred in requiring the debtor to show exceptional circumstances beyond the inability to pay in the present and a likely inability to pay in the future.
Appellate Information
- Argued 02/15/2006
- Decided 04/26/2006
- Published 04/26/2006
Judges
- TALLMAN, Circuit Judge., Before REINHARDT, PAEZ, and TALLMAN, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Miriam Hiser, San Francisco, CA; Curtis P. Zaun, Educational Credit Management Corporation, St. Paul, MN, for the appellant.
- For Appellees:
- Christopher G. Metzger, Eureka, CA, for the appellee.