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IN RE WEBBER

No. 00-2817-PHX-RJH.

251 B.R. 554 (2000)

In re Kari Kristin WEBBER, Debtor.

United States Bankruptcy Court, D. Arizona.

August 9, 2000.

Attorney(s) appearing for the Case

Mark Johnson, Mesa, AZ, for Debtor.

Mary Ellen Beardsley, Assistant Attorney General, Office of the Attorney General, Anchorage, AK, for Alaska Commission on Postsecondary Education.

Madeleine C. Wanslee, Gust Rosenfeld, P.L.C., Phoenix, AZ, for United Student Aid Funds and Educational Credit Management Corporation.

Ralph McDonald, Phoenix, AZ, Chapter 13 Trustee.

OPINION

RANDOLPH J. HAINES, Bankruptcy Judge.

May a chapter 13 plan provide that repayment of the debtor's student loans would constitute an undue hardship, and consequently upon successful completion of all plan payments the debtor's student loan debts will not be excepted from the discharge? This Court concludes such plan provisions are improper.

Factual Background

Debtor Kari Webber filed a chapter 13 plan, through counsel, which provided...

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