Saturday, December 20, 2003

Student loan discharge in old bankruptcy case voided

In Educational Credit Management Corporation v. Doane, Chief Judge Wilson of the W.D. Va. ruled that the debtor's bankruptcy discharge was void at least to the extent it purported to discharge her student loan debt, and the creditor could obtain relief from the judgment under Rule 60(b)(4), despite the passage of years since the bankruptcy court's judgment.

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