IN RE DeROSE

Bankruptcy No. 99-13919 K. Adversary No. 03-1136 K.

316 B.R. 606 (2004)

In re Mary H. DeROSE, Debtor. Mary H. DeROSE, Plaintiff. v. EFG Technologies and Educational Credit Management Corporation, Defendants.

United States Bankruptcy Court, W.D. New York.

October 28, 2004.


Attorney(s) appearing for the Case

Thomas P. Feron, Jeffrey Freedman Attorneys, Buffalo, NY, for Plaintiff.

Stephen M. O'Neill, Damon & Morey LLP, Buffalo, NY, for Educational Credit Management Corporation.


MEMORANDUM OF DECISION

MICHAEL J. KAPLAN, Bankruptcy Judge.

After a trial on September 28, 2004, the Court placed its Rule 52 Findings on the record and ruled that the Debtor's obligations on two student loans totaling over $160,000 will not be discharged because the Debtor does not satisfy Prongs 1 and 2 of the Brunner test.1 The Court later advised counsel that it would memorialize that ruling and the Court's reasoning...

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