United States Ninth Circuit

"[U]ndue hardship" determinations, whereby bankruptcy courts decide whether student loans qualify for discharge, can be ripe in a Chapter 13 case substantially in advance of plan completion.

Appellate Information

• Argued 05/14/2008
• Decided 08/01/2008
• Published 08/01/2008

Judges

• HAWKINS, Circuit Judge:, Before:  DIARMUID F. O'SCANNLAIN and HAWKINS, Circuit Judges, and JAMES V. SELNA, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Curtis P. Zaun (argued) and Miriam Hiser (briefed), Educational Credit Management Corporation, St. Paul, MN, for the appellant.


• For Appellees:
  
• Lars T. Fuller (argued and briefed), The Fuller Law Firm, San Jose, CA, for the appellee.