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ILLINOIS STUDENT ASSISTANCE COM'N v. COX

No. Civ. 2:01-CV-194-WCO.

273 B.R. 719 (2002)

ILLINOIS STUDENT ASSISTANCE COMMISSION, the Educational Resources Institute, Inc., Hemar Insurance Corporation of America, and United States of America, acting through its Department of Education, Appellants, v. Roland J. COX, Appellee.

United States District Court, N.D. Georgia, Gainesville Division.

January 9, 2002.

Attorney(s) appearing for the Case

Luke Anthony Kill, Scoggins & Goodman, Atlanta, GA, David J. Hershman, phv, Illinois Student Assistance Commission, Chicago, IL, Alonzo H. Long, Office of United States Attorney, Northern District of Georgia, Atlanta, GA, Paul J. Morochnik, Thompson O'Brien Kemp & Nasuti, Norcross, GA, Shayna Michele Steinfeld, Office of Shayna M. Steinfeld, Atlanta, GA, for appellants.

Marilyn Sue Bright, Office of Marilyn Sue Bright, Atlanta, GA, for appellee.

ORDER

O'KELLEY, Senior District Judge.

The captioned case is before the court on appeal from the United States Bankruptcy Court for the Northern District of Georgia. Appellants contend that the bankruptcy court erroneously construed 11 U.S.C. § 523(a)(8) to permit a partial discharge of appellee's student loan indebtedness absent a showing of "undue hardship." 11 U.S.C. § 523(a)(8) (2001). Therefore, appellants argue, this court

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