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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.