· 2/28/2002
Balaski v. Educational Credit Management Corp. (In Re Balaski)
Citations
- 280 B.R. 395
- 2002 Bankr. LEXIS 683
- 2002 WL 1448469
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- participating in income contingent repayment plan is just “one factor in a lengthy list of factors”
- participating in income contingent repayment plan is just “one factor in a lengthy list of factors,” and court does not accept view that debtor must be held “hostage for twenty-five years to debt and compounding interest”
- debtor suffered from severe physical deformity and other ailments precluding fu ture improvement in his financial situation
- “While defendant may believe holding debtor hostage for twenty-five years to debt and compounding interest is not an undue hardship, the court does not accept this view.”
- undue hardship found because debt- or’s physical deformity — he lacks wrists, elbows, or fully functioning hands — had worsened to where his shoulders were “destroyed” from overuse, his hip was degrading, and his spine was fusing
Source: CourtListener parenthetical corpus (CC0).
Judges: Russ Kendig
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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