· 8/9/2007
Educational Credit Management Corp. v. Mosley (In Re Mosley)
Citations
- 494 F.3d 1320
- 2007 U.S. App. LEXIS 18843
- 2007 WL 2263097
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- Stating that \[t]he Bankruptcy Code provides that student loans generally are not to be discharged\ and describing § 523(a)(8) as a \narrow\ exception
- holding expert medical evidence independent of a debtor’s testimony is not necessary to establish undue hardship under § 523(a)(8)
- indicating that the evidence at trial supported the bankruptcy court’s finding that the debtor would be highly unlikely to become able to repay his student loans and that he had made good faith efforts to obtain work to enable him to repay those loans
- income contingent repayment programs are not always a viable option for debtors because any debt that is discharged under the program is treated as taxable income; debtors are effectively trading one nondischargeable debt for another.
Source: CourtListener parenthetical corpus (CC0).
Judges: Edmondson, Tjoflat, Gibson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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