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IN RE TAYLOR

BAP Nos. WW-97-1385-RyRuR, WW-97-1386, Bankruptcy No. 95-09922, Adversary No. 96-05138.

223 B.R. 747 (1998)

In re Christopher Harry TAYLOR and Tina Rene Taylor, Debtors. UNITED STUDENT AID FUNDS INC.; State of Alaska; Commission On Post-secondary Education, and Student Loan Corporation, Appellants, v. Christopher Harry TAYLOR and Tina Rene Taylor, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

August 12, 1998.

Attorney(s) appearing for the Case

Teresa Williams, Office of the Attorney General, Anchorage, AK, for Alaska Commission on Secondary Education.

Jennifer Burkhardt, Karr, Tuttle & Campbell, Seattle, WA, for United Student Aid Funds, Inc.

Raymond Hoffer, Mauher & Bell, Seguim, WA, for Christopher and Tina Taylor.

Before RYAN, D. RUSSELL, and B. RUSSELL, Bankruptcy Judges.

OPINION

RYAN, Bankruptcy Judge.

Debtors Christopher and Tina Taylor ("Appellees") filed a complaint (the "Complaint") to discharge Christopher's student loan debt (the "Student Loan") on the basis of undue hardship. Subsequently, United Student Aid Funds, Inc. ("USA Funds") filed a motion to dismiss (the "Motion to Dismiss") the Complaint as premature. The bankruptcy court entered an order denying the Motion to Dismiss (the "Dismissal Order").

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