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IN RE UTTERBACK

Bankruptcy No. BK4-78-219.

1 B.R. 199 (1979)

In re Cheryl Lynn UTTERBACK, aka Cheryl Lynn Berg, and Cheryl Lynn Coleman, Bankrupt. WISCONSIN HIGHER EDUCATIONAL AIDS BOARD, Plaintiff, v. Cheryl Lynn UTTERBACK, Defendant.

United States Bankruptcy Court, N.D. Texas, Fort Worth Division.

November 15, 1979.

Attorney(s) appearing for the Case

John W. Calhoun, Asst. Atty. Gen., Madison, Wis., for Wisconsin Higher Educational Aids Bd.

Michael F. Felber, Atty., Fort Worth, Tex., for Cheryl Lynn Utterback.

MEMORANDUM OPINION

JOHN FLOWERS, Bankruptcy Judge.

Plaintiff filed a complaint on November 9, 1978, seeking a determination that a student loan was non-dischargeable under § 439A of the Higher Education Act. This bankruptcy case was commenced on August 15, 1978, and the bankrupt's discharge was granted on December 5, 1978.

The defendant has moved for a dismissal of the complaint on the grounds it fails to state a cause of action. Defendant's...

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