Wieckiewicz v. Education Credit Management Corp.

Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
14 years 4 months ago

Citation:

Adam Wieckiewicz v. Education Credit Management Corp. (11th Cir. 2011) - Unpublished Opinion

Tag(s):

Ruling:

The Bankruptcy Court did not abuse its discretion by dismissing the Debtor's adversary proceeding with prejudice following the Debtor's repeated failure to comply with the Court's orders to apply for the Income-Based Repayment Plan.

Procedural context:

The Debtor filed an adversary proceeding seeking the discharge of his student loan debt based on the undue hardship exemption in Section 523(a)(8). The adversary proceeding was dismissed wth prejudice after the Debtor repeatedly failed to follow the Court's order to apply for Income Based-Based Repayment Plan. The Debtor filed an appeal of the dismissal in the United States District Court for the Southern District of Miami. The District Court affirmed the dismissal, and the Debtor appealed to the 11th Circuit.

Facts:

The Debtor filed an adversary proceeding seeking a discharge of his student loan under the hardship exemption in Section 523(a)(8) of the Bankruptcy Code. Prior to ruling on the adversary proceeding, the Bankruptcy Judge ordered the Debtor to apply for the Income-Based Repayment Plan. The Bankruptcy Judge stated that if the Debtor qualified for the Plan, his payments could be reduced to as little as zero dollars per month. The Judge also stated that the determination of whether the Debtor was eligible for the Program would be a deciding factor in whether the Debtor would get a hardship discharge.

Judge(s):

United States Bankruptcy Judge Robert A. Mark. United States District Judge Federico A. Moreno United States Circuit Court of Appeals Judges Hull, Pryor and Anderson

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