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IN RE ALDERETE

BAP No. NM-02-089, Bankruptcy No. 7-98-16943 MA, Adversary No. 00-01029.

308 B.R. 495 (2004)

In re Robert ALDERETE and Linda D. Alderete, Debtors. Robert Alderete and Linda D. Alderete, Plaintiffs — Appellees, v. Educational Credit Management Corporation, Defendant — Appellant, U.S. Department of Education and Colorado Student Loan Program for State of Colorado, Defendants — Appellees. OSI Collection Services; Education Loan Service Center; State of Colorado; and Whindam Professionals, Defendants.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

April 16, 2004.

Attorney(s) appearing for the Case

Troy Gunderman, St. Paul, Minnesota (Karla K. Poe and Edward Ricco of Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, New Mexico, with him on the brief), for Defendant — Appellant Educational Credit Management Corporation.

George M. Moore of George M. Moore & Associates, Albuquerque, New Mexico, for Plaintiffs — Appellees Robert Alderete and Linda D. Alderete.

Before CLARK, MICHAEL, and BROWN, Bankruptcy Judges.

OPINION

CLARK, Bankruptcy Judge.

The Educational Credit Management Corporation (ECMC) timely appeals a final Judgment of the United States Bankruptcy Court for the District of New Mexico,1 discharging a debt for interest and attorneys' fees related to the student loans of the Chapter 7 debtors (Debtors) pursuant to 11 U.S.C. § 523(a)(8).2 The parties

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