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EDUCATIONAL CREDIT MANAGEMENT CORP. v. GOUGE

Civ. No. 1:04CV115.

320 B.R. 582 (2005)

EDUCATIONAL CREDIT MANAGEMENT CORPORATION, a successor to Sallie Mae Servicing, Appellant, v. Frankie William GOUGE, Appellee.

United States District Court, W.D. North Carolina, Asheville Division.

February 22, 2005.

Attorney(s) appearing for the Case

Anna S. Gorman, Poyner & Spruill, Charlotte, NC, for Appellant.

David R. Hillier, Gum & Hillier, PA, Asheville, NC, for Appellee.

MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on the appeal of Educational Credit Management Corporation (Appellant) from the Order of the United States Bankruptcy Court finding that repayment by the Debtor of his student loan would constitute an undue hardship and allowing a discharge thereof.

I. STANDARD OF REVIEW

The decision of the Bankruptcy Court is reviewed by a two-step process. Reversal...

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