IN RE MARKS

Bankruptcy No. 00-10372. Adversary No. 01-1113.

301 B.R. 563 (2003)

In re Stephen Thomas MARKS, Debtor. Stephen Thomas Marks, Plaintiff, v. Educational Credit Management Corp., et al., Defendant.

United States Bankruptcy Court, N.D. California.

September 9, 2003.


Attorney(s) appearing for the Case

Michael A. Beatty, Law Offices of Michael A. Beatty, Boston, MA, for Creditor.

Barbara R. McEntyre, Law Offices of Barbara R. McEntyre, Larkspur, CA, Mark W. Plank, Law Offices of Mark W. Plank, San Rafael, CA, for Debtors.

Edward G. Myrtle, Office of the U.S. Trustee, San Francisco, CA, for U.S. Trustee.


Memorandum of Decision on Remand

ALAN JAROSLOVSKY, Bankruptcy Judge.

Debtor and plaintiff Stephen Marks filed his Chapter 7 petition in February, 2000. He owes defendant Educational Credit Management Corporation ("ECMC") approximately $205,000.00 in educational loans. In this adversary proceeding, he seeks to establish their dischargeability pursuant to § 523(a)(8) of the Bankruptcy Code on account of undue hardship.

Marks is 53 years...

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