Educational Credit Management Group vs. Mason D-04-1075-BMaP

Keith Mason, an intelligent, determined chapter 7 (1) debtor, substantially overcame a learning disability and obtained a law degree, but finds that his disability impedes his admission to the bar, and adversely affects his access to the job market and professional employment.

He sought discharge of his student loans under § 523(a)(8). After trial, the bankruptcy court concluded that, although repayment of the full amount of the loan would impose an undue hardship on him, repayment of some lesser amount would not. Based on § 105(a) and In re Saxman, 325 F.3d 1168 (9th Cir. 2003), the bankruptcy court granted partial discharge. In re Mason, 303 B.R. 459 (Bankr. D. Idaho 2004). We AFFIRM.


Date of decision: 10/28/04

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