EDUCATIONAL CREDIT MANAGEMENT CORPORATION v. MASON
The Ninth Circuit Court of Appeals today released an order and opinion in EDUCATIONAL CREDIT MANAGEMENT CORPORATION v. MASON, No. 04-35988, a bankruptcy appeal. The panel consisted of David R. Thompson, A. Wallace Tashima, and Consuelo M. Callahan, Circuit Judges.
TASHIMA, Circuit Judge:
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 DebtorAppellee Keith Mason (”Mason”). See Educ. Credit Mgmt. Corp. v. Mason (In re Mason), 315 B.R. 554 (B.A.P. 9th Cir. 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 $32,400.1 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 health, and had no dependents. Mason is well-educated, having earned an undergraduate degree in philosophy from Boise State University in 1995, and a law degree from Gonzaga University in 1999. Mason financed his education by acquiring federally-insured student loans from various lenders totaling approximately $193,000 in principal and accrued interest. At issue in this proceeding is approximately $100,000 owed to ECMC in its capacity as successor-in-interest to Northwest Education Loan Association. . . .
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mandate issued on July 26, 2006, is recalled and the memorandum disposition filed on June 29, 2006, 2006 WL 1876890, is withdrawn, and replaced by the authored opinion filed concurrently with this order.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. . . .