Hertzel v. Educational Credit Management Corp. (In Re Hertzel)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that additional circumstances might include illness, disability, a lack of useable job skills or the existence of a large number of dependents
• “The bankruptcy court’s finding that the Debtor met the good faith prong of the Brunner test is also not clearly erroneous.”
• multiple sclerosis is a degenerative disease and “a bankruptcy court may take judicial notice of the effect that a debtor’s well-known medical condition may have on the debtor’s ability to earn a living”
• ”[W]henever a debtor’s health, whether mental or physical, is directly put at issue some corroborating evidence must be given supporting the proponent’s position. For example, if properly authenticated, letters from a treating physician could be utilized.”

Source: CourtListener parenthetical corpus (CC0).