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IN RE UTERHARK

Bankruptcy No. 94-11172. Adv. No. 94-1351.

185 B.R. 39 (1995)

In re Gary M. UTERHARK and Kathleen Ola Uterhark, Debtors. Gary M. UTERHARK, Plaintiff, v. GREAT LAKES HIGHER EDUCATION CORPORATION, Defendant.

United States Bankruptcy Court, N.D. Ohio.

July 27, 1995.

Attorney(s) appearing for the Case

Terry C. Weddleton, Painesville, OH, for debtors.

Lloyd J. Blaney, Madison, WI, for defendant.

MEMORANDUM OF OPINION

DAVID F. SNOW, Bankruptcy Judge.

Plaintiff filed this adversary proceeding to determine dischargeability of loans which were used to finance his son's college education. He acknowledges that educational loans are generally nondischargeable under section 523(a)(8) but asserts that this exception to discharge is not applicable in this case for two reasons — first, because the exception to discharge is limited to students who receive...

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