IN RE ALDERETE

Bankruptcy No. 7-98-16943 MA, Adversary No. 00-1029 M.

289 B.R. 410 (2002)

In re Robert ALDERETE and Linda D. Alderete, Debtors. Robert Alderete and Linda D. Alderete, Plaintiffs, v. Colorado Student Loan Program for State of Colorado, OSI Collection Services Education Loan Service Center, Whindam Professionals, and U.S. Department of Education, Defendants.

United States Bankruptcy Court, D. New Mexico.

December 5, 2002.


Attorney(s) appearing for the Case

James A. Askew, Karla K. Poe, Edward Ricco, Robert M. St. John, Albuquerque, NM, for Educational Credit Management Corporation.

Manuel Lucero, Assistant U.S. Attorney, Albuquerque, NM, for U.S. Department of Education.

George M. Moore, Rebecca E. Wardlaw, Albuquerque, NM, for Robert and Linda D. Alderete.

Pablo Simon Salas, Denver, CO, for Colorado Student Loan Program For State and State of Colorado.


MEMORANDUM

MARK B. MCFEELEY, Chief Judge.

THIS MATTER came before the Court on the Complaint for Hardship Discharge Pursuant to 11 U.S.C. § 523(a)(8)(B) ("Complaint"). The Court held a trial on the merits on October 8, 2002, at which time the Court took the matter under advisement. Plaintiffs seek to discharge their student loans under 11 U.S.C. § 523(a)(8) on grounds of undue hardship. Plaintiffs were represented by George M. Moore. Defendant...

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