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IN RE OSWALT

Bankruptcy No. 93-13645, Adversary No. 97-1066.

215 B.R. 337 (1997)

In re Kevin C. OSWALT, Debtor. Kevin C. OSWALT, Plaintiff, v. UNIVERSITY AT BUFFALO, Loan Servicing Center/P.A., USA Funds, Sallie Mae, Key Bank of New York, Federal Perkins Loan Program, U.S. Department of Education, and New York State Higher Education Service Corporation, Defendants.

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

November 17, 1997.

Attorney(s) appearing for the Case

Regina A. Reitz, Jeffrey Freedman Attorneys, Buffalo, NY, for Plaintiff.

Raymond C. Stilwell, Rochester, NY, for USA Funds.

Barry S. Weinstein, Albany, NY, for NYSHESC.

DECISION AFTER TRIAL

MICHAEL J. KAPLAN, Chief Judge.

The Debtor, Kevin C. Oswalt, filed this adversary proceeding in order to have his student loan debt declared dischargeable under 11 U.S.C. § 523(a)(8)(B). He claims it would impose an "undue hardship" if these debts were not discharged. This case was tried before the Court on October 17, 1997. The facts and circumstances revealed to the Court presented a very close, and therefore instructive, case...

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