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IN RE WILLIAMS

BAP No. OR-02-1314RYMAH, Bankruptcy No. 301-37709-TMB7, Adversary No. 01-03381-TMB.

287 B.R. 787 (2002)

In re Brian T. WILLIAMS and Suong Williams, Debtors. Sallie Mae Servicing, LP, Appellant, v. Brian T. Williams; Suong Williams; Robert K. Morrow, Inc, Chapter 7 Trustee; United States Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed December 20, 2002.

Attorney(s) appearing for the Case

Carolyn G. Wade, Hershner, Hunter, Andrews, Eugene, OR, for Sallie Mae Servicing, LP.

Before: RYAN, MARLAR, and HARGROVE, Bankruptcy Judges.

OPINION

RYAN, Bankruptcy Judge.

After Brian and Suong Williams ("Debtors") filed a chapter 72 petition, they filed a complaint (the "Complaint") to discharge Brian's student loan debts under § 523(a)(8). Subsequently, the bankruptcy court entered a default judgment (the "Judgment") against Sallie Mae Servicing, LP. ("Sallie Mae").

Sallie Mae filed a motion (the "Motion") to set aside the Judgment. After a...

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