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United States Ninth Circuit


Educational Cred. Mgmt. Corp. v. Coleman, 06-16477

In a bankruptcy proceeding where the Debtor sought a finding of "undue hardship" to permit the discharge of her student loans, the Bankruptcy Court's order that such a finding was permissible prior to discharge is affirmed, where a finding of undue hardship is ripe substantially in advance of plan completion.

Appellate Information

  • Argued 05/14/2008
  • Decided 03/25/2009
  • Published 03/25/2009

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.
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