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IN RE COLEMAN

No. 06-16477.

560 F.3d 1000 (2009)

In the Matter of Cathy COLEMAN, Debtor. Educational Credit Management Corporation, Appellant, v. Cathy Coleman, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 25, 2009.

Attorney(s) appearing for the Case

Curtis P. Zaun (argued) and Miriam Hiser (briefed), Educational Credit Management Corporation, St. Paul, MN, for the appellant.

Lars T. Fuller (argued and briefed), The Fuller Law Firm, San Jose, CA, for the appellee.

Before: DIARMUID F. O'SCANNLAIN and HAWKINS, Circuit Judges, and JAMES V. SELNA, District Judge.

HAWKINS, Circuit Judge:

We consider whether "undue hardship" determinations—whereby bankruptcy courts decide whether student loans qualify for discharge—are ripe in a Chapter 13 case substantially in advance of plan completion.

FACTUAL AND PROCEDURAL HISTORY

Cathy Coleman filed for bankruptcy under Chapter 13 in 2004, and the bankruptcy court confirmed a five-year repayment plan. Coleman owes...

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