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IN RE CARNDUFF

BAP No. WW-06-1200-MoSPa. Bankruptcy No. 05-13455-SJS. Adversary No. A05-01201-SJS.

367 B.R. 120 (2007)

In re Brett Michael CARNDUFF and Janeth Rey Carnduff, Debtors. Brett Michael Carnduff; Janeth Rey Carnduff, Appellants, v. United States Department of Education, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed March 30, 2007.

Attorney(s) appearing for the Case

Richard D. Granvold, Esq., Law Offices of Richard D. Granvold, P.S., Federal Way, WA, for Appellants.

Kristin B. Johnson, Esq., United States Attorney, Seattle, WA, for Appellee.

Before: MONTALI, SMITH and PAPPAS, Bankruptcy Judges.

OPINION

MONTALI, Bankruptcy Judge.

The bankruptcy court found that Brett Michael Carnduff ("Brett") and Janeth Rey Carnduff ("Janeth") ("Debtors") will never be able to pay their student loan debt of over $350,000 unless one or both of them "wins the lottery." Nevertheless, without deciding whether Debtors have made good faith efforts to repay their loans, the bankruptcy court held that it could not discharge any of their student loans under Section 523...

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