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IN RE SMITH

BAP No. MB 05-005, Bankruptcy No. 01-10486-JS, Adversary No. 02-1113-JBR.

328 B.R. 605 (2005)

Troy SMITH and Elizabeth J. Smith, Debtors. Troy Smith and Elizabeth J. Smith, Plaintiffs-Appellees, v. Educational Credit Management Corporation, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the First Circuit.

June 6, 2005.

Attorney(s) appearing for the Case

John F. White, Esq., and Troy A. Gunderman, Esq., on brief for Defendant-Appellant.

Carl E. D'Angio, Esq. and Emily C. Towne, Esq., on brief for Plaintiffs-Appellees.

Before LAMOUTTE, VOTOLATO & HAINES, U.S. Bankruptcy Appellate Panel Judges.

PER CURIAM.

The defendant, Educational Credit Management Corporation ("ECMC"), appeals from the bankruptcy court's determination that Elizabeth Smith's student loan obligations to ECMC are dischargeable under 11 U.S.C. § 523(a)(8). Because we conclude that the bankruptcy court erred in its evaluation of the evidence and that the debtors did not meet their burden of establishing undue hardship, we REVERSE the judgment of the bankruptcy court.

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