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IN RE REPP

BAP No. EW-03-1225-KRYRI, Bankruptcy No. 99-05994-R33, Adversary No. A02-00181-R33.

307 B.R. 144 (2004)

In re Aaron A. REPP and Stephanie Repp, Debtors. Educational Credit Management Corporation, Appellant, v. Aaron A. Repp and Stephanie Repp, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed March 26, 2004.

Attorney(s) appearing for the Case

Diana K. Carey, Karr, Tuttle & Campbell, Seattle, WA, Daniel S. Fisher, Educational Credit Management Corp, St. Paul, MN, for Appellant.

VanNoy Culpepper, Culpepper & Culpepper, Yakima, WA, for Appellees.

Before: KLEIN, RYAN, and RIMEL, Bankruptcy Judges.

OPINION

KLEIN, Bankruptcy Judge.

This is the next skirmish in the war over the use of "illegal" chapter 13 plan provisions to discharge student loan debts notwithstanding a statute that excepts such debts from the chapter 13 discharge. The pro-discharge forces won the last "discharge-by-declaration" engagement in Great Lakes Higher Educ. Corp. v. Pardee (In re Pardee), 193 F.3d 1083 (9th Cir.1999).

The specific...

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