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IN RE PELKOWSKI

No. 92-3309.

990 F.2d 737 (1993)

In re Virginia M. PELKOWSKI a/k/a Virginia M. Dodd, Debtor, Appellant, Ohio Student Loan Commission, The Loan Servicing Center, James K. McNamara, Esq., Trustee.

United States Court of Appeals, Third Circuit.

Decided March 24, 1993.

Attorney(s) appearing for the Case

Gary H. Nash (argued), Yochim, Skiba, Moore & Nash, Erie, PA, for appellant.

Lee Fisher, Ohio Atty. Gen., Jay M. Patterson (argued), Asst. Atty. Gen., Columbus, OH, for appellee, Ohio Student Loan Comn.

Sydelle Pittas (argued), Powers & Hall, P.C., Boston, MA, for amicus-appellees The Education Resources Institute; Massachusetts Higher Educ. Assistance Corp.; Massachusetts Educ. Financing Auth.; and Pennsylvania Higher Educ. Assistance Agency.

Before SLOVITER, Chief Judge, GREENBERG, Circuit Judge, and POLLAK, District Judge.

OPINION OF THE COURT

SLOVITER, Chief Judge.

The issue before us, whether a non-student co-obligor of a guaranteed educational loan may be discharged from that debt in bankruptcy without proving one of the statutory exceptions, is one of first impression in the courts of appeals. Over the last ten years, the bankruptcy courts have divided on this issue,1 although the three district courts to have considered it have decided against...

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