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IN RE BELTON

Bankruptcy No. 99-15620 B. Adversary No. 04-1151 B.

337 B.R. 471 (2006)

In re Teresa L. BELTON, Debtor. Teresa L. Belton, Plaintiff, v. Educational Credit Management Corporation, Defendant.

United States Bankruptcy Court, W.D. New York.

February 14, 2006.

Attorney(s) appearing for the Case

Jeffrey Freedman Attorneys, Lee R. Terry, Esq., of counsel, Buffalo, NY, for Plaintiff.

Damon & Morey LLP, Stephen M. O'Neill, Esq., of counsel, Buffalo, NY, for Defendant.

DECISION & ORDER

CARL L. BUCKI, Bankruptcy Judge.

The only open issue in this adversary proceeding is whether collection costs are properly treated as a non-dischargeable component of a student loan, even when the lender chose not to claim these collection costs for purposes of a distribution in chapter 13.

Theresa L. Belton, the debtor herein, filed a petition for relief under chapter 13 of the Bankruptcy Code on October 13, 1999. Pursuant...

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