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Crockett v. ECMC (In re Lucas) (Case No. 79-00018; A.P. No. 07-06058) 07/21/2008

The court held that student loans are non-dischargeable under 11 U.S.C. § 523(a)(8) if the petition was filed on or after August 14, 1979 and that student loans are non-dischargeable under 20 U.S.C. § 1087-3 if the petition was filed before November 6, 1978, unless the court finds that failure to permit such a discharge would impose an undue hardship on the debtor or the debt was more than five years old on the date of discharge, and student loans are dischargeable if the petition was filed between the two aforementioned dates because no statute existed providing that student loans were non-dischargeable during such time.

Date: 
Monday, July 21, 2008
Category: 
Dischargeability
Student Loan
Chapter: 
7