Case Summary:
Plaintiff Donna Ray filed this adversary proceeding seeking to discharge her student loans under 11 U.S.C. §§ 727(a) and (b) and 523(a)(8). In 2004, Plaintiff signed a Federal Consolidation Loan Application and Promissory Note (“Note”). After a series of assignments and transfers, Defendant Educational Credit Management Corporation (“ECMC”) held the Note. In a previous bankruptcy case, Plaintiff objected to ECMC’s student loan claim. Because ECMC did not respond to the objection, its claim was denied. However, the Court held that denial of ECMC’s claim in the previous case was not equivalent to a discharge, as a discharge determination requires an adversary. As a result, the Court denied Plaintiff’s motion under section 727. In addition, Plaintiff objected to ECMC’s claim under section 523(a)(8), asserting ECMC failed to satisfy its initial burden establishing the presence of a student loan. Despite ECMC’s failure to present the original loan document, ECMC met its burden by producing a reliable copy of the Note containing Plaintiff’s signature in which Plaintiff certified she incurred the original loans to support payments for her education. Although ECMC produced only the first five pages of the nine-page loan document, the final four pages contained standard form language and the first five pages contained the material provisions and Plaintiff’s signature.

Statute/Rule References:
11 U.S.C. § 523(a)(8) -- Nondischargeability – Student Loan
11 U.S.C. § 727(a) -- Nondischargeability – Global Exception to Discharge
11 U.S.C. § 727(b) -- Nondischargeability – Previous Discharge

Key Terms:
Nondischargeable Debt
Student Loan