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IN RE MILLER

No. 03-5167.

377 F.3d 616 (2004)

In re Patricia M. MILLER, Debtor. Patricia M. Miller, Plaintiff-Appellee, v. Pennsylvania Higher Education Assistance Agency, Student Servicing Center, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 28, 2004.

Attorney(s) appearing for the Case

N. David Roberts, Jr. (briefed), Bailey, Roberts & Bailey, Knoxville, TN, for Appellee.

Stephen P. Hale (briefed), Husch & Eppenberger, for Memphis, TN, Holly N. Knight (briefed), Husch & Eppenberger, Nashville, TN, for Appellant.

Before: SILER and GIBBONS, Circuit Judges; REEVES, District Judge.

OPINION

GIBBONS, Circuit Judge.

Plaintiff-appellee Patricia Miller sought full discharge of her student loan debt by filing an adversary complaint in bankruptcy court notwithstanding that over ninety-nine percent of her outstanding student loan obligations remained unpaid. The bankruptcy court relied on 11 U.S.C. § 105(a) to grant Miller a partial discharge by dismissing more than half of her student loan debt. The district court upheld this discharge...

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