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IN RE STEWART-JOHNSON

Bankruptcy No. 2-02-20129-RJH. Adversary No. 03-292.

319 B.R. 192 (2005)

In re Kathleen Thelma STEWART-JOHNSON, Debtor. Kathleen Thelma Stewart-Johnson, Plaintiff, v. Sallie Mae Servicing; Texas Guaranteed Student Loan Corporation, Defendants.

United States Bankruptcy Court, D. Arizona.

January 13, 2005.

Attorney(s) appearing for the Case

Alan M. Levinsky, Anderson, Brody, Levinson, Weiser & Horwitz, P.A., Phoenix, AZ, for TGSLC.

OPINION GRANTING DISCHARGE OF STUDENT LOANS

RANDOLPH J. HAINES, Bankruptcy Judge.

After trial, the Court finds and concludes that the Debtor has demonstrated the requisite undue hardship to discharge her student loan obligations. The Court also concludes that Ninth Circuit law that permits a partial discharge does not require a bankruptcy court to consider it in every case where undue hardship has been established, and that the objecting creditor should...

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