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IN RE ROSE

Bankruptcy No. 97-42803-2, Adversary No. 97-4120-2.

214 B.R. 372 (1997)

In re Michael Scott ROSE and Jennifer Ruth Rose, Debtors. Jennifer R. ROSE, Plaintiff, v. U.S. DEPT. OF EDUCATION; Coordinating Board for Higher Education; Student Loan Program; University of Missouri; Hemar Insurance Corporation of America; Illinois Guarantors Student Asst.; Nebraska Student Loan; and North Star Guarantee, Defendants.

United States Bankruptcy Court, W.D. Missouri.

November 10, 1997.

Attorney(s) appearing for the Case

Thomas L. Griswold, Payne & Jones, Overland Park, KS, for HEMAR.

David J. Hershman, Illinois Student Assistance Comm., Chicago, IL, for Illinois Guarantors Student Asst.

Mark J. Schultz, Gallas & Schultz, Kansas City, MO, for Student Loan Program.

Jennifer Ruth Bragg Rose, Independence, MO, Pro se.

Michael Scott Rose, Independence, MO, Pro se.

John Lewis, Jr., Kansas City, MO, Trustee.

ORDER

FRANK W. KOGER, Chief Judge.

Debtor Jennifer R. Rose filed a Complaint to determine the dischargeability of her student loans which she owes to the above-named defendants. North Star Guarantee failed to respond to the Complaint; the University of Missouri responded to the Complaint by a Motion to Dismiss the Complaint on the ground that Jennifer Rose's claim against it is barred by the Eleventh Amendment to the United States Constitution; and...

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