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IN RE CARRILLO

No. 2:0J-bk-13658-RJH.

421 B.R. 540 (2009)

In re Guillermo Alberto CARRILLO and Gabriela Carrillo, Debtors.

United States Bankruptcy Court, D. Arizona.

November 25, 2009.

Attorney(s) appearing for the Case

Peter Gustafson, Gustafson Law Office, P.L.L.C., Glendale, AZ, for Debtors.

Christopher J. Pattock, Office of the U.S. Trustee, Phoenix, AZ, for U.S. Trustee.

OPINION DENYING NONDISCHARGEABLE STUDENT LOANS AS SPECIAL CIRCUMSTANCES

RANDOLPH J. HAINES, Bankruptcy Judge.

Before the Court is United States Trustee's ("UST") Motion to Dismiss Case Pursuant to 11 U.S.C. §§ 707(b)(2) or 707(b)(3)1 ("Motion to Dismiss"). In an issue of first impression for this Court, the primary issue is whether Debtors' nondischargeable student loans may constitute a "special circumstance" to overcome...

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