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IN RE VOTRUBA

Bankruptcy No. 03-18689. Adversary No. 03-1426.

310 B.R. 698 (2004)

In re James M. VOTRUBA & Nancy J. Votruba, Debtors. James M. Votruba, Plaintiff, v. Florida Department of Education, et al., Defendants.

United States Bankruptcy Court, N.D. Ohio, Eastern Division.

June 16, 2004.

Attorney(s) appearing for the Case

Susan M. Gray, Rocky River, OH, for Debtors.

MEMORANDUM OF OPINION AND ORDER

RANDOLPH BAXTER, Chief Judge.

In this voluntary Chapter 7 proceeding, James M. Votruba ("Debtor") seeks to obtain a discharge of eleven loans he obtained under the Parent PLUS Loans program to defray the educational expenses for his three children. The Debtor seeks this determination pursuant to the undue hardship provision of 11 U.S.C. § 523(a)(8). This matter presents two dispositive issues. First, when a debtor...

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