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IN RE MORT

No. 1:01CV00125.

272 B.R. 181 (2002)

Shirley Houser MORT, Debtor. Tennessee Student Assistance Corporation, Appellant, v. Shirley Houser Mort, Appellee.

United States District Court, W.D. Virginia, Abingdon Division.

January 18, 2002.

Attorney(s) appearing for the Case

Mark L. Esposito, Penn, Stuart & Eskridge, P.C., Bristol, Virginia, for appellant.

Maria Timoney, Southwest Virginia Legal Aid Society, Inc., Marion, Virginia, for appellee.

OPINION

JONES, District Judge.

The question in this appeal is whether the bankruptcy court had the power to partially discharge the debtor's student loan indebtedness, even though the debtor had not met the applicable test showing that the debt would impose an undue hardship on her. I find that the bankruptcy court erred in partially discharging the debt and thus reverse.

I

The appellee, Shirley Houser Mort, is a Chapter 7 debtor in the...

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