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IN RE LAVOIE

Bankruptcy No. 02-14339 B. Adversary No. 02-1245 B.

292 B.R. 504 (2003)

In re Michelle J. LAVOIE, Debtor. Michelle J. Lavoie, Plaintiff, v. The United States Department of Education, SLM Corporation, and the New York State Higher Education Services Corporation, Defendants.

United States Bankruptcy Court, W.D. New York.

April 18, 2003.

Attorney(s) appearing for the Case

Kenneth R. Hiller, Amherst, NY, for Plaintiff.

Michael A. Battle, United States Attorney, Jane B. Wolfe, Assistant U.S. Attorney, of counsel, Buffalo, NY, for U.S. Department of Education.

CARL L. BUCKI, Bankruptcy Judge.

The United States has moved to dismiss that portion of the debtor's complaint which seeks to determine the dischargeability of student loans held by the Department of Education. The central issue is whether the plaintiff can establish this cause of action even before these particular student loans have first become due.

Michelle J. Lavoie filed a petition for relief under chapter 7 of the Bankruptcy Code on July 16, 2002, at...

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