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IN RE SAXMAN

No. 01-35620.

325 F.3d 1168 (2003)

In re Dennis Leroy SAXMAN, Debtor, Dennis Leroy Saxman, Plaintiff-Appellee, v. Educational Credit Management Corporation, Defendant-Appellant, and Department of Education, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed April 14, 2003.

Attorney(s) appearing for the Case

Daniel Fisher, St. Paul, MN, for the defendant-appellant.

Dennis L. Saxman, Seattle, WA, pro se plaintiff-appellee.

Jeffrica Jenkins Lee, Department of Justice, Civil Division, Washington, DC, for amicus curiae United States Department of Education.

Before WALLACE, TROTT, and TASHIMA, Circuit Judges.

Opinion by Circuit Judge TASHIMA; Dissenting opinion by Senior Circuit Judge WALLACE.

OPINION

TASHIMA, Circuit Judge.

This case presents the question of whether an educational loan may be partially discharged consistent with 11 U.S.C. § 523(a)(8) of the Bankruptcy Code. We conclude that bankruptcy courts may partially discharge student debt pursuant to their equitable authority under 11 U.S.C. § 105(a).

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