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IN RE TIRCH

No. 04-3125.

409 F.3d 677 (2005)

In re: Rose A. TIRCH, Debtor. Rose A. Tirch, Plaintiff-Appellee, v. Pennsylvania Higher Education Assistance Agency, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 3, 2005.

Attorney(s) appearing for the Case

Donald J. Rafferty, Cohen, Todd, Kite & Stanford, Cincinnati, Ohio, for Appellant.

D. William Davis, Davis Law Office, Bridgeport, Ohio, for Appellee.

Before: SILER, BATCHELDER, and DAUGHTREY, Circuit Judges.

OPINION

BATCHELDER, Circuit Judge.

Defendant-Appellant Pennsylvania Higher Education Assistance Agency ("PHEAA") appeals the Bankruptcy Appellate Panel's ("BAP") order affirming the bankruptcy court's order granting partial discharge of Plaintiff-Appellee Rose Tirch's student loan debt. Because the record does not support the bankruptcy court's findings that Tirch's ailments preclude her return to work and are likely to persist for a significant portion...

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