In Re Keith Mason, Debtor, Educational Credit Management Corporation v. Keith Mason
Opinion
Opinion
Tashima, J.
ORDER AND OPINION
ORDER
Appellant’s unopposed request for publication is granted. The mandate issued on July 26, 2006, is recalled and the memorandum disposition filed on June 29, 2006, 2006 WL 1876890 , is withdrawn, and replaced by the authored opinion filed concurrently with this order. No further petitions for rehearing may be filed.
OPINION
Educational Credit Management Corporation (“ECMC”) appeals from the decision of the Bankruptcy Appellate Panel (“BAP”), which affirmed the bankruptcy court’s partial discharge of government-insured student loans held by Debtor-Ap-pellee Keith Mason (“Mason”). See Educ. Credit Mgmt. Corp. v. Mason (In re Mason), 315 B.R. 554 (9th Cir. BAP 2004). The bankruptcy court held that full repayment of the loans would cause Mason an undue hardship within the meaning of 11 U.S.C. § 523 (a)(8). It therefore discharged all amounts that Mason owed to ECMC in excess of $32,400. The bankruptcy court had jurisdiction under 28 U.S.C. § 157 (b). The BAP had jurisdiction under § 158(c). We have jurisdiction under § 158(d), and we reverse.
BACKGROUND
At the time of the bankruptcy adversary proceeding, Mason was 33 years old, single, in good physical…