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BUFORD v. HIGHER EDUC. ASSISTANCE FOUNDATION

Civ. A. No. 87-2329-S.

85 B.R. 579 (1988)

Wayne Callo BUFORD, Debtor, v. HIGHER EDUCATION ASSISTANCE FOUNDATION, Appellants.

United States District Court, D. Kansas.

April 15, 1988.

Attorney(s) appearing for the Case

William E. Pray, Leavenworth, Kan., Robert McCarthy, Payco-General American Credits, Inc., Dublin, Ohio, for plaintiffs.

Henry W. Green, Leavenworth, Kan., trustee.

Thomas L. Griswold, Payne & Jones, Overland Park, Kan., William J. Joanis, Briggs and Morgan, Minneapolis, Minn., for defendants.

Office of the Atty. Gen., Robert T. Stephen, Nancy L. Ulrich, Topeka, Kan., for amicus curiae.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This appeal from the bankruptcy court involves application of a statute exempting government-guaranteed higher education loans from discharge. In a nutshell, the Higher Education Assistance Foundation (HEAF) contends that 11 U.S.C. § 523(a)(8), which exempts such loans from discharge, is self-executing and requires no complaint to determine dischargeability as a prerequisite to initiating collection efforts...

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