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IN RE CONARD

Bankruptcy No. 37802235, A.P. No. 3800227.

6 B.R. 151 (1980)

In re Paul George CONARD, Debtor. UNITED STATES of America, Plaintiff, v. Paul George CONARD, Defendant.

United States Bankruptcy Court, W.D. Kentucky.

September 12, 1980.

Attorney(s) appearing for the Case

Mikell T. Grafton, Asst. U.S. Atty., Louisville, Ky., for United States.

David A. McCullough, Louisville, Ky., for Conard.

MEMORANDUM AND ORDER

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

For the first time under the new Bankruptcy Code we are asked to consider "undue hardship" as an affirmative defense in a suit seeking to have a federally-guaranteed student loan excepted from discharge.

Section 523(a) of the Code provides that a bankruptcy discharge will not extend:

(8) to a governmental unit, or a nonprofit institution of higher education, for an educational...

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