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IN RE DAVIS

Bankruptcy No. 03-16085 B. Adversary No. 03-1294 B.

336 B.R. 604 (2006)

In re Maureen R. DAVIS, Debtor. Maureen R. Davis, Plaintiff v. Educational Credit Management Corporation, Defendant.

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

January 17, 2006.

Attorney(s) appearing for the Case

Spoto, Slater & Sirwatka, Kevin J. Sirwatka, of counsel, Jamestown, NY, for Plaintiff.

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

DECISION & ORDER

CARL L. BUCKI, Bankruptcy Judge.

Contending that repayment of her student loan would impose an undue hardship, the debtor commenced the present adversary proceeding for a declaration that that loan is dischargeable. The central issue of this dispute involves the extent to which a determination of hardship should depend not only upon the income of the debtor, but upon the resources of her non-debtor spouse.

Maureen R. Davis...

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