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WHELTON v. EDUCATIONAL CREDIT MANAGEMENT CORP.

Docket No. 04-4844-CV.

432 F.3d 150 (2005)

Christopher J. WHELTON, Defendant-Appellant, v. EDUCATIONAL CREDIT MANAGEMENT CORPORATION, Plaintiff-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 15, 2005.

Attorney(s) appearing for the Case

Bernard M. Lewis, Esq., Randolph, VT, for Defendant-Appellant.

Julie K. Swedback, Esq., St. Paul, MN, for Plaintiff-Appellee.

Before: CALABRESI, RAGGI, Circuit Judges, and MURTHA, District Judge.

MURTHA, District Judge.

I. BACKGROUND

In two very thorough and well-reasoned opinions, the Bankruptcy Court and the District Court outlined the undisputed facts underlying this case. See generally Educ. Credit Mgmt. Corp. v. Whelton (In re Whelton), 312 B.R. 508 (D.Vt.2004); Educ. Credit Mgmt. Corp. v. Whelton (In re Whelton), 299 B.R. 306 (Bankr.D.Vt.2003). The salient facts are...

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