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IN RE SEARS

Bankruptcy No. 07-43412. Adversary No. 07-3045.

393 B.R. 678 (2008)

Elizabeth SEARS, Debtor. Elizabeth Sears, Plaintiff, v. Educap, Inc., Defendant.

United States Bankruptcy Court, W.D. Missouri, Southwestern Division.

July 14, 2008.

Attorney(s) appearing for the Case

J. Kevin Checkett, Checkett & Pauly, Carthage, MO, for Debtor.

MEMORANDUM OPINION

JERRY W. VENTERS, Bankruptcy Judge.

This adversary proceeding to discharge a student loan is slightly unusual in that the Debtor-Plaintiff does not allege that the debt she owes to the Defendant, EduCap, Inc., should be discharged under 11 U.S.C. § 523(a)(8) because repaying it would impose an undue hardship on her. Rather, in an apparent preemptive strike, the Debtor seeks a determination that the debt she owes to EduCap,...

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