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11th Cir – Student Loan Dischargeable Where Debtor Has History Of Mental Illness And Physical Problems; Debtor Not Required To Produce Corroborating Medical Evidence

By Posted in Eleventh Circuit Cases

Educational Credit Management Corp. v. Mosley, No. 06-10349 (11th Cir. August 9, 2007).

The Eleventh Circuit upheld the Bankruptcy Court’s (Judge Mullins, ND Ga) order discharging the debtor’s student loans where the debtor had a history of mental illness, physical limitations preventing some work, and a long history of living under the poverty line.

The Court, following the recent case of Barrett v. Educational Credit Management Corp., 487 F.3d 353 (6th Cir. 2007), rejected the creditor’s argument that the debtor was required to present independent medical evidence of his condition.