IN RE MALLINCKRODT

No. 01-2430-CIV.

274 B.R. 560 (2002)

In re George C. MALLINCKRODT.

United States District Court, S.D. Florida, Miami Division.

February 28, 2002.


Attorney(s) appearing for the Case

John Daniel Eaton, Steel Hector & Davis, Miami, FL, Jose Eduardo Cil, Jeffrey Paul Bast, Holland & Knight, Miami, FL, for appellants.

Mark David Wallace, Stack Fernandez Anderson Harris & Wallace, Miami, FL, for appellee.


ORDER REVERSING BANKRUPTCY DECISION AND REINSTATING LOANS

MORENO, District Judge.

The issue in this bankruptcy appeal is whether the bankruptcy judge erred when it concluded that repayment of Appellee George Mallinckrodt's student loans would constitute an "undue hardship" under 11 U.S.C. § 523(a)(8). Appellants contend that under the correct legal standard, Mallinckrodt did not satisfy its burden of showing that its financial situation warranted...

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