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IN RE PENA

No. 97-16012.

155 F.3d 1108 (1998)

In re Ernest J. PENA; Julie Pena, Debtors, UNITED STUDENT AID FUNDS, INC., Appellant, v. Ernest J. PENA; Julie Pena, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 11, 1998.

Attorney(s) appearing for the Case

Madeleine C. Wanslee, Phoenix, AZ, for appellant.

Ernest J. Pena and Julie Pena, Phoenix, AZ, pro se appellees.

Before: REINHARDT, NOONAN and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Debtor-Appellees Ernest and Julie Pena sought a bankruptcy court discharge of government insured student loans which were guaranteed by appellant United Student Aid Funds, Inc. (USA Funds). The Penas contended the loans were dischargeable in bankruptcy because payment of them would impose an undue hardship within the meaning of 11 U.S.C. § 523(a)(8)(B). The bankruptcy court agreed and discharged the loans. The BAP affirmed. USA...

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