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IN RE MOSKO

No. 06-2076.

515 F.3d 319 (2008)

In re Robert J. MOSKO, Jr., Debtor. Educational Credit Management Corporation, Creditor-Appellant, v. Robert J. Mosko, Jr.; Brenda Richley Mosko, Debtors-Appellees, v. Bruce Magers, Trustee, Appellee. Michael D. West, Bankruptcy Administrator, Movant.

United States Court of Appeals, Fourth Circuit.

Decided: February 12, 2008.

Attorney(s) appearing for the Case

Julie K. Swedback, Educational Credit Management Corporation, St. Paul, Minnesota, for Appellant. Robert Edmunds Price, Jr., Winston-Salem, North Carolina, for Appellees.

Before TRAXLER and SHEDD, Circuit Judges, and Norman. K. MOON, United States District Judge for the Western District of Virginia, sitting by designation.

Reversed by published opinion. Judge SHEDD wrote the opinion, in which Judge TRAXLER and Judge MOON joined.

OPINION

SHEDD, Circuit Judge:

Robert and Brenda Mosko filed bankruptcy and sought to discharge their government-backed student loan debt pursuant to 11 U.S.C. § 523(a)(8). The bankruptcy court granted the Moskos relief from their student loans and the district court affirmed that order. Educational Credit Management Corporation ("ECMC...

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