IN RE PATTON

Bankruptcy Nos. 99-01040-R33, 99-02877-R33, 99-07300-R33, 99-05334-R33, 99-05445-R33. Adversary Nos. A00-00177-R33, A00-00185-R33, A00-00192-R33, A00-00193-R33, 00-00219-R33.

261 B.R. 44 (2001)

In re Serena J. PATTON, Debtor. Serena J. Patton, Plaintiff, v. U.S. Dept. of Education & Windham Professionals Inc. & Northwest Educational Loan Association & Financial Assistance, Inc. & Windham Professionals, Inc. & Northwest Educational Loan Association & Financial Assistance, Inc., Defendants. In re Ricky Dale Rasberry, Debtor. Ricky Dale Rasberry, Plaintiff, v. U.S. Bank & Sallie Mae & Northwest Education Loan Association, Defendants. In re Armando L. Perez, Debtor. Armando L. Perez, Plaintiff, v. United States Department Of Education & Sallie Mae & Educational Credit Management Corporation, Defendants. In re Cynthia A. Martin, Debtor. Cynthia A. Martin, Plaintiff, v. Northwest Education Loan Association & Educational Credit Management Corp., Defendant. In re Douglas Brian & Denise St. George, Debtors. Douglas Brian & Denise St. George, Plaintiffs, v. Northwest Education Loan Association & Financial Assistance Inc. & Account Control Technology & Educational Credit Management Corp., Defendants.

United States Bankruptcy Court, E.D. Washington.

April 3, 2001.


Attorney(s) appearing for the Case

Vannoy Culpepper, Yakima, WA, for Debtors.

Jennifer L. Aspaas, Karr Tuttle Campbell, Seattle, WA, for Educational Credit Management Corp.


MEMORANDUM OPINION

JOHN A. ROSSMEISSL, Bankruptcy Judge.

These summary judgment motions involve a common issue raised in five adversary proceedings pending before the Court. The issue raised in each of the cases is whether the provisions of a confirmed Chapter 13 plan dealing with discharge of student loan debt can be attacked post confirmation on the basis that the provisions are contrary to the Bankruptcy Code, when the aggrieved creditor had notice of...

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