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Fuller v. The Sallie May Fund, Inc. (In re Fuller) (Case No. 05-64905; A.P. No. 06-06017) 01/17/2007

The Court held that debtor's debts owed to creditor arising from loans made for the purpose of permitting debtor to attend an institution or institutions of higher learning are dischargeable, notwithstanding 11 U.S.C. § 523(a)(8), because debtor met her burden under the undue-hardship test stated in Brunner v. New York State Higher Educ. Servs. Corp., 831 F.2d 395, 396 (2d. Cir. 1987) and adopted by the Fourth Circuit Court of Appeals in Educ. Credit Mgmt. Corp. v. Frushour (In re Frushour), 433 F.3d 393, 400 (4th Cir. 2005).

Date: 
Wednesday, January 17, 2007
Category: 
Dischargeability
Chapter: 
7