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IN RE RIFINO

No. 99-35378.

245 F.3d 1083 (2001)

In re: Rosemary RIFINO, Debtor. Rosemary Rifino, Plaintiff-Appellant, v. UNITED STATES of America; Sallie Mae; University of Washington; Northwest Education Loan Association; William D. Ford Federal Direct Loan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 13, 2001.

As Amended May 10, 2001.

Attorney(s) appearing for the Case

Peter S. Holmes, Miller, Nash, Wiener, Hager & Carlsen, LLP, Seattle, Washington, for the plaintiff-appellant.

Diane Tebelius, Assistant United States Attorney, Seattle, Washington; Bruce Fine, Aiken & Fine, P.S., Seattle, Washington; Donivan R. Irby, Office of the Attorney General, Seattle, Washington; Joann L. Pheasant, Jeffrey W. Davis, Attorney General's Office, Social & Health Services, Olympia, University of Washington, Seattle, Washington, for the defendants-appellees.

Before: Stephen REINHARDT, Kim McLane WARDLAW, and Ronald M. GOULD, Circuit Judges.

Argued and Submitted February 12, 2001 — Seattle, Washington.

RONALD M. GOULD, Circuit Judge:

This case involves the undue hardship provision of 11 U.S.C. § 523(a)(8). After debtor-appellant Rosemary Rifino ("Rifino") filed an adversary proceeding seeking to discharge her student loan obligations, the bankruptcy court ruled that Rifino's loans were dischargeable as an undue hardship pursuant to 11 U.S.C. § 523(a)(8). The defendants, holders...

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