DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
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096022P.pdf 04/09/2010 Michele Walker v. ECMC
U.S. Court of Appeals Case No: 09-6022
U.S. Bankruptcy Court for the District of Minnesota
[PUBLISHED] [Federman, Author, withe Schermer and Saladino,
Bankruptcy Judges]
Bankruptcy Appellate Panel. There is no Rule or Code-based time
limitation as to when a bankruptcy court may adjudicate the
dischargeability of student loans, and ECMC's argument that the request
for a determination of dischargeability was untimely is rejected; request
for a determination of dischargeability was not a collateral attack on
debtor's 2004 general discharge order; bankruptcy court did not err in
finding debtor's student loans were dischargeable as an undue hardship
under 11 U.S.C. Sec. 523(a)(8).