Coleman

Educational Credit v. Coleman

Good Law
United States Court of Appeals for the Ninth CircuitJuly 31, 200806-16477California5,819 words

Opinion

Opinion

Hawkins, J.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

In the Matter of: CATHY COLEMAN,  Debtor.

No. 06-16477

EDUCATIONAL CREDIT MANAGEMENT

CORPORATION,  D.C. No.

CV-05-05231-SC

Appellant,

OPINION

v.

CATHY COLEMAN,

Appellee.  Appeal from the United States District Court for the Northern District of California Samuel Conti, District Judge, Presiding

Argued and Submitted May 14, 2008—San Francisco, California

Filed August 1, 2008

Before: Diarmuid F. O’Scannlain and Michael Daly Hawkins, Circuit Judges, and James V. Selna,* District Judge.

Opinion by Judge Hawkins

*The Honorable James V. Selna, United States District Judge for the Central District of California, sitting by designation.

9839 9844 In the Matter of: COLEMAN

COUNSEL

Curtis P. Zaun (argued) and Miriam Hiser (briefed), Educa- tional Credit Management Corporation, St. Paul, Minnesota, for the appellant.

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

OPINION

HAWKINS, Circuit Judge:

We consider whether “undue hardship” determinations— whereby bankruptcy courts decide whether…

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