1. Home
  2. Browse Decisions
  3. F.3d
  4. 258 F.3d
  5. 258 F.3d 315 (2001)
 

IN RE KIELISCH

Nos. 00-2187, 00-2188.

258 F.3d 315 (2001)

In re: Kurt Carl KIELISCH; In Re: Jean Renee Kielisch, Debtors. Kurt Carl Kielisch; Jean Renee Kielisch, Plaintiffs-Appellees, v. Educational Credit Management Corporation, Defendant-Appellant. UNITED STATES of America, Amicus Curiae. In re: David Rufus Lawrence; Elizabeth Lawrence, Debtors. David Rufus Lawrence; Elizabeth Lawrence, Plaintiffs-Appellees, v. Educational Credit Management Corporation, Defendant-Appellant. UNITED STATES of America, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: July 26, 2001.

Attorney(s) appearing for the Case

ARGUED: Rand Lewis Gelber, Rockville, Maryland, for Appellant.

Mark Simon Davies, Appellate Staff, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Amicus Curiae. Tom Cain Smith, Jr., Virginia Beach, Virginia; James Lawrence Pedigo, Jr., Norfolk, Virginia, for Appellees.

ON BRIEF: Stuart E. Schiffer, Acting Assistant Attorney General, Helen F. Fahey, United States Attorney, Robert M. Loeb, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Amicus Curiae.

Before WILKINSON, Chief Judge, and WILLIAMS and MOTZ, Circuit Judges.

Reversed by published opinion. Judge Williams wrote the opinion in which Chief Judge Wilkinson and Judge Diana Gribbon Motz joined.

OPINION

WILLIAMS, Circuit Judge:

This consolidated appeal, which involves the cases of Kurt and Jean Kielisch and David and Elizabeth Lawrence (collectively, the Debtors), requires us to resolve whether their creditor, Educational Credit Management Corporation (ECMC), is precluded from applying Chapter 13 plan payments...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases