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IN RE NYS

BAP No. NC-03-1438-MaMcP, Bankruptcy No. 02-11455, Adversary No. 02-1162.

308 B.R. 436 (2004)

In re Lorna K. NYS, Debtor. Lorna K. Nys, Appellant, v. Educational Credit Management Corporation, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed March 30, 2004.

Attorney(s) appearing for the Case

Christopher G. Metzger, Law Office of Christopher G. Metzger, Eureka, CA, for Lorna K. Nys.

Miriam E. Hiser, Law Offices of Miraim E. Hiser, San Francisco, CA, for Educational Credit Management Corporation.

Before MARLAR, MCMANUS and PERRIS, Bankruptcy Judges.

OPINION

MARLAR, Bankruptcy Judge.

INTRODUCTION

In this appeal, we consider the meaning of "additional circumstances" in the test for an "undue hardship" discharge of student loans. The bankruptcy court determined that the healthy, 51-year-old, working debtor, although unable to repay her loans fully in the present or future, did not demonstrate compelling enough circumstances to discharge any part of the loans. We conclude that the...

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