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MATTER OF KINNEY

Bankruptcy No. BK88-41173, Adv. No. A89-4034.

114 B.R. 670 (1990)

In the Matter of JoAnn KINNEY, Debtor. JoAnn KINNEY, Plaintiff, v. HIGHER EDUCATION ASSISTANCE FOUNDATION, Defendant.

United States Bankruptcy Court, D. Nebraska.

March 29, 1990.

Attorney(s) appearing for the Case

Kevin Ruser, Grand Island, Neb., for debtor.

Richard P. Garden, Jr., Lincoln, Neb., for defendant.

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

In this adversary proceeding, plaintiff seeks a declaration that its obligation on a student loan is dischargeable under 11 U.S.C. § 523(a)(8). The limited question now considered is whether the bankruptcy court has subject matter jurisdiction to enter judgment against plaintiff upon defendant's counterclaim seeking judgment for the unpaid balance of the loan.

FACTS

Plaintiff, JoAnn...

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