Circuit split · bankruptcy law
Whether due process entitles a creditor to the heightened notice provided by the Bankruptcy Code and Rules, rather than merely constitutionally adequate notice.
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- In re Hanson397 F3D 482
Seventh Circuit Court of Appeals · February 2, 2005
“Then, the Fourth Circuit created a circuit split by holding that due process entitles a student loan creditor to the heightened notice provided for by the Bankruptcy Code and Rules.” — Creates a split
Empirical analysis of this case →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other side · 10th Cir.In re Andersen179 F.3d 1253
“BAP 2004) (following Banks and criticizing attorneys for inserting student loan discharge by declaration provisions in the wake of Andersen and Pardee).” — In re Hanson, acknowledging the split
- Joined by · 9th Cir.In re Pardee193 F.3d 1083
“BAP 2004) (following Banks and criticizing attorneys for inserting student loan discharge by declaration provisions in the wake of Andersen and Pardee).” — In re Hanson, acknowledging the split
- On the other side · 4th Cir.Banks299 F.3d 302
“BAP 2004) (following Banks and criticizing attorneys for inserting student loan discharge by declaration provisions in the wake of Andersen and Pardee).” — In re Hanson, acknowledging the split
- Joined by · 6th Cir. BAPRuehle307 B.R. 28
- Discussed · 10th Cir.Poland v. Educ. Credit Mgmt. Corp.382 F.3d 1185
What the split turns on
- Statutes:
- § 523(a)(8)
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.