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IN RE POLAND

No. 02-3020.

382 F.3d 1185 (2004)

In re Cheryl Ann POLAND, Debtor. Cheryl Ann Poland, Plaintiff-Appellee, v. Educational Credit Management Corporation, Defendant-Appellant, and Equifax Accounts Receivable; and TGA, Inc., Defendants.

United States Court of Appeals, Tenth Circuit.

September 7, 2004.

Attorney(s) appearing for the Case

N. Larry Bork of Goodell, Stratton, Edmonds & Palmer, L.L.P., Topeka, KS, for Defendant-Appellant.

Garry L. Howard of Slape & Howard, Chartered, Wichita, KS, for Plaintiff-Appellee.

Before KELLY and BALDOCK, Circuit Judges, and BRORBY, Senior Circuit Judge.

BRORBY, Circuit Judge.

Generally speaking, a Chapter 13 bankruptcy debtor is relieved of her debts following completion of the bankruptcy plan; in other words, the debts are discharged. 11 U.S.C. § 1328(a). There are, however, exceptions to discharge, including a student-loan debt. Id. §§ 1328(a)(2); 523(a)(8). But there is also an exception to this exception: if excepting a student loan debt from discharge would impose an undue hardship on the...

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