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Barbara A. Gale v. Educational Credit Management Corporation (In re Gale), Adv. No. 10-0062, Case No. 10-11135-7 (10/26/2010) – Judge Thomas S. Utschig

Case Summary:
The debtor owed approximately $14,500.00 in student loans. She was 56 years old and suffered from a host of medical conditions which had resulted in a determination of permanent disability for which she collected social security disability payments. She was unemployed due to her disability. The court found that she was unable to work due to her chronic pain and disability. Her dire financial situation was likely to persist for a significant portion of the repayment period, thus satisfying the “certainty of hopelessness” mandated by the Seventh Circuit in In re Roberson, 999 F. 2d 1132 (7th Cir. 1993), and Goulet v. Educ. Credit Mgmt. Corp., 284 F. 3d 773 (7th Cir. 2002).

Statute/Rule References:
11 U.S.C. § 523(a)(8) -- Nondischargeability - Student Loans

Key Terms:
Student Loans


Date: 
Tuesday, October 26, 2010