IN RE HOWE

BAP No. CC-04-1133-PMaMo. Bankruptcy No. SV 02-11958-GM. Adversary No. 03-01186-GM.

319 B.R. 886 (2005)

In re Elizabeth Marie HOWE, Debtor. Education Credit Management Corporation, Appellant, v. Elizabeth Marie Howe, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed January 6, 2005.


Attorney(s) appearing for the Case

Scott A. Schiff, Soukup & Schill, LLP, Los Angeles, CA, for Educational Credit Management Corporation.

Russell A. McClain, Los Angeles, CA, for Elizabeth Marie Howe.

Before PERRIS, MARLAR and MONTALI, Bankruptcy Judges.


OPINION

PERRIS, Bankruptcy Judge.

The issue in this appeal is whether the bankruptcy court erred in granting the debtor a partial discharge of her student loan debt pursuant to § 523(a)(8).1 Because the bankruptcy court applied an incorrect standard in detennining whether the debtor could maintain a minimal standard of living if forced to repay her student loans, we REVERSE and REMAND.

FACTS

From 1991 through...

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