United States Sixth Circuit

An order discharging Chapter 7 bankruptcy debtor's student loan debts on the basis of "undue hardship" pursuant to 11 U.S.C. section 523(a) is affirmed where: 1) the debtor was not required to provide expert medical evidence to establish that the circumstances underlying his inability to repay would likely continue for a substantial portion of the repayment period; and 2) in light of the significant tax consequences of enrolling in an Income Contingent Repayment Plan (ICRP) due to his inability to repay, debtor's decision to forgo the ICRP was reasonable and was not grounds for finding bad faith.

Appellate Information

• Decided 06/08/2007
• Published 06/08/2007

Judges

• Before:  RYAN and GRIFFIN, Circuit Judges;  HOOD, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Daniel S. Fisher, St. Paul, Minnesota, for Appellant.   Robert A. Ciotola, Canfield, Ohio, for Appellee.   ON BRIEF:  Frederick S. Coombs III, Harrington, Hoppe & Mitchell, Youngstown, Ohio, for Appellant.   Robert A. Ciotola, Canfield, Ohio, for Appellee.