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NJHEAA v. PENNELL

871 A.2d 671 (2005)

377 N.J. Super. 13

NEW JERSEY HIGHER EDUCATION ASSISTANCE AUTHORITY, Plaintiff-Respondent, v. Patrick PENNELL, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 8, 2005.

Attorney(s) appearing for the Case

Schachter Portnoy, for plaintiff-respondent (Howard Schachter, Princeton and Susan Steinman, Washington, DC, of counsel and on the brief).

Daniel Straffi, Toms River, for defendant-appellant.

Before Judges KESTIN, ALLEY and FUENTES.

The opinion of the court was delivered by

ALLEY, J.A.D.

The principal question presented in this appeal, and one that appears to be of first impression in this State, is whether a bankruptcy court order confirming a Chapter 13 bankruptcy plan that purports to discharge a student loan pursuant to a so-called "discharge by declaration"1 is valid in the absence of a factual determination by the court and appropriate notice to the...

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