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                               Search results for: Pritchard



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1. Pritchard(05-3300).pdf

... E. PRITCHARD and MICHELLE E. PRITCHARD, Debtors. MICHELLE E. PRITCHARD, Plaintiff, vs. UNITED STATES OF AMERICA, DEPARTMENT OF EDUCATION, Defendant.))) Bankruptcy Case No. 05-36252)))))))) Adversary No. 05-3300))))) OPINION The issue before the Court in this adversary case is whether requiring the Debtor to repay her student loans would impose an undue hardship on the Debtor so as to render the debts nondischargeable pursuant to 11 U.S.C. § 523 (a )( 8). Debtor appeared and testified at the trial on April 3, 2006. The facts are not in dispute. The Debtor borrowed$ 2, 625 in 1990, and$ 3, 940 in 1991, to attend school. The amounts due currently on the two loans are$ 6, 263.24 (1990) and$ 9, 018.53 (1991). No payments have been made on either loan. On January 18, 2006, the Debtor filed, with the United States Department of Education, a Loan Discharge Application asserting that she had a Total and Permanent disability. On February 8, 2006, she was notified by the U. S. Department of Education that her Application had been accepted. The program lasts three years, and, upon successful completion, the loans will be discharged. During the three year period, she is not required to make payments and no interest accrues. The Seventh Circuit Court of Appeals addressed the issue in Matter of Roberson, 999 F.2d 1132 (7th Cir. 1993 ), when it adopted the ...
Terms Matched: 1 Score 6  URL: http://www.ilsb.uscourts.gov/opinions/Pritchard(05-3300).pdf



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