IN RE GORANSON

Bankruptcy No. 91-13580 K. Adv. No. 94-1169 K.

183 B.R. 52 (1995)

In re Richard L. GORANSON and Carole E. Goranson, Debtors. Carole E. GORANSON, Plaintiff, v. PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY, Defendant.

United States Bankruptcy Court, W.D. New York.

May 26, 1995.


Attorney(s) appearing for the Case

Kenneth R. Hiller, Jeffrey Freedman, Buffalo, NY, for plaintiff.

K. Kevin Murphy, Staff Counsel to PHEAA, Harrisburg, PA, for defendant.


DECISION AFTER TRIAL

MICHAEL J. KAPLAN, Chief Judge.

This adversary proceeding was initiated by the Debtor, Carole Goranson, in an effort to have her student loan indebtedness declared dischargeable as an undue hardship under 11 U.S.C. § 523(a)(8). The difficulty in this case arises in trying to apply traditional "hardship" analysis to a Chapter 13 case. The Court today rules that a debtor should neither be penalized nor aided by the fact that some...

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