Cagle v. Educational Credit Manangement Corp. (In re Cagle)

MEMORANDUM OPINION AND ORDER DENYING DEFENDANT’S MOTION TO DISMISS

ROBERT D. BERGER, Bankruptcy Judge.

Defendant Educational Credit Management Corp. (ECMC) moves to dismiss Debtor’s declaratory judgment action seeking to discharge his student loans under § 523(a)(8). Defendant’s motion is denied because Congress has provided a statutory discharge in the Bankruptcy Code separate and distinct from the discharge provided by the Federal Family Education Loan Program (FFELP).1 The administrative discharge for permanent and total disability under 20 U.S.C. § 1087(a) is not an exclusive remedy subject…