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IN RE DOLPH

BAP No. 97-8091.

215 B.R. 832 (1998)

In re Ronald William DOLPH, Debtor. Ronald William DOLPH, Plaintiff-Appellee, v. PENNSYLVANIA HIGHER EDUCATION, ASSISTANCE AGENCY, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided January 29, 1998.

Attorney(s) appearing for the Case

Frederick S. Coombs, III, argued and on brief, Harrington & Mitchell, Youngstown, OH, for Defendant-Appellant.

Robert A. Ciotola, argued and on brief, Canfield, OH, for Plaintiff-Appellee.

Before RHODES, STOSBERG, and WALDRON, Bankruptcy Appellate Panel Judges.

OPINION

The bankruptcy court determined that the student loan obligation of the Debtor-Appellee, Ronald William Dolph, was dischargeable under the "undue hardship" provision of 11 U.S.C. § 523(a)(8)(B). The Panel vacates the order discharging the student loans and remands the case for required factual findings.

I. ISSUE ON APPEAL

Although the general issue on appeal is whether the Debtor's student loans are dischargeable under 11 U.S.C. &...

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