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IN RE BLAIR

BAP No. AZ-02-1168-RyPB. Bankruptcy No. 01-02315-PHX-GBN. Adversary No. 01-00147-PHX.

291 B.R. 514 (2003)

In re Theresa Rae BLAIR, Debtor. Educational Credit Management Corporation, Appellant, v. Theresa Rae Blair, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed March 27, 2003.

Attorney(s) appearing for the Case

James M. Marburger, Madeleine C. Wanslee, Gust Rosenfeld, P.L.C., Phoenix, AZ, for Educational Credit Management Corporation.

Harold E. Campbell, III, Harold E. Campbell, P.C., Tempe, AZ, for Theresa Rae Blair.

Before RYAN, PERRIS, and BRANDT, Bankruptcy Judges.

OPINION

RYAN, Bankruptcy Judge.

After Theresa Rae Blair ("Debtor") filed a chapter 71 petition, she filed a complaint (the "Complaint") to discharge her student loan debts (the "Debts") under § 523(a)(8). After a trial, the bankruptcy court concluded that Debtor did not meet the requirements for dischargeability under § 523(a)(8). However, the court applied its equitable power under § 105(a) and entered...

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