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IN RE PILCHER

BAP No. AZ-92-1574 RMeJ, Bankruptcy No. 91-7200-PCT GBN, Adv. No. 91-705-GBN.

149 B.R. 595 (1993)

In re Linda Lorraine PILCHER, Debtor. HEMAR SERVICE CORPORATION OF AMERICA, INC., Appellant, v. Linda Lorraine PILCHER, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided January 21, 1993.

Attorney(s) appearing for the Case

Alan Maclin, Jeffrey Redmon, St. Paul, MN, Alan Levinsky, Phoenix, AZ, for HEMAR Ins. Corp.

T.J. Pantaleo, Los Angeles, CA, for Linda Lorraine Pilcher.

Before: RUSSELL, MEYERS, and JONES, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge:

The bankruptcy court granted the debtor's motion for summary judgment and denied the creditor's motion for summary judgment, holding that debtor's educational loan was not funded in part by a nonprofit institution and therefore not within the exception to discharge under § 523(a)(8)1. 139 B.R. 948. We REVERSE and REMAND.

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