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IN RE CAGLE

Bankruptcy No. 10-20590. Adversary No. 10-06221.

462 B.R. 829 (2011)

In re Peter Langley CAGLE, Debtor. Peter Langley Cagle, Plaintiff, v. Educational Credit Management Corp., et al., Defendants.

United States Bankruptcy Court, D. Kansas.

December 9, 2011.

Attorney(s) appearing for the Case

Eric C. Rajala , Overland Park, KS, for Plaintiff.

Sallie Mae, Inc., Topeka, KS, pro se.

United Student Aid Funds, Inc., Topeka, KS, pro se.

N. Larry Bork , Topeka, KS, for Defendants.

MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS

ROBERT D. BERGER, Bankruptcy Judge.

Defendant Educational Credit Management Corp. (ECMC) moves to dismiss Debtor's declaratory judgment action seeking to discharge his student loans under § 523(a)(8). Defendant's motion is denied because Congress has provided a statutory discharge in the Bankruptcy Code separate and distinct from the discharge provided by the Federal Family Education...

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