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IN RE ALDERETE

No. 04-2109.

412 F.3d 1200 (2005)

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

United States Court of Appeals, Tenth Circuit.

June 29, 2005.

Attorney(s) appearing for the Case

Daniel Fisher, Educational Credit Management Corporation, St. Paul, MN, (Troy Gunderman, Educational Credit Management Corporation, St. Paul, MN, Scott M. Browning and Craig R. Welling, Rothgerber Johnson & Lyons, LLP, Denver, CO, with him on the briefs), appearing for Appellant.

George M. Moore, Moore & Berkson, P.C., Albuquerque, NM, appearing for Appellees.

Before TACHA, Chief Circuit Judge, ANDERSON, and O'BRIEN, Circuit Judges.

TACHA, Chief Circuit Judge.

Plaintiffs-Appellees Robert and Linda Alderete filed for Chapter 7 bankruptcy and sought to discharge their student loans. The Bankruptcy Court found that these loans did not impose an "undue hardship" as required by 11 U.S.C. § 523(a)(8) but nonetheless granted a partial discharge of these loans. Defendant-Appellant Educational Credit Management Corp. ("ECMC") appealed this decision to the...

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