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EDUCATIONAL CREDIT MANAGEMENT CORP. v. POLLEYS

No. 02-8059.

356 F.3d 1302 (2004)

EDUCATIONAL CREDIT MANAGEMENT CORPORATION, assignee of USA Group Loan Services, Inc., Defendant-Appellant, v. Nancy Jane POLLEYS, Plaintiff-Appellee.

United States Court of Appeals, Tenth Circuit.

February 4, 2004.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Scott M. Browning and Craig R. Welling, Rothgerber, Johnson & Lyons, L.L.P., Denver, CO, for Appellant.

Stephen R. Winship, Winship & Winship, P.C., Casper, WY, for Appellee.

Before KELLY, HENRY, and LUCERO, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellee Nancy Jane Polleys sought a bankruptcy court discharge of federally guaranteed student loans. Defendant-Appellant Education Credit Management Corporation ("ECMC") is a non-profit company and fiduciary of the Department of Education that is charged with collecting such loans. It now holds these loans. Ms. Polleys initiated an adversary proceeding in bankruptcy, contending that the loans were dischargeable because payment...

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