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IN RE GOURLAY

BAP No. 11-8066.

465 B.R. 124 (2012)

In re Kristin E. GOURLAY, Debtor. Kristin E. Gourlay, Plaintiff-Appellee, v. Sallie Mae, Inc., Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

February 21, 2012.

Attorney(s) appearing for the Case

ON BRIEF: William J. Clarke , Louisville, on the Brief, Kentucky, for Appellant. John M. Simms , Atkinson, Simms & Kermode PLLC, Lexington, Kentucky, for Appellee.

Before: HARRIS, PRESTON, and SHEA-STONUM, Bankruptcy Appellate Panel Judges.

OPINION

ARTHUR I. HARRIS, Bankruptcy Judge.

Chapter 7 debtor Kristin E. Gourlay ("Debtor") instituted an adversary proceeding against Sallie Mae, Inc. ("Sallie Mae") pursuant to 11 U.S.C. § 523(a)(8) seeking to determine the dischargeability of her student loan. The bankruptcy court entered a default judgment against Sallie Mae, and Sallie Mae filed a motion to set aside the judgment. The bankruptcy court denied Sallie Mae's motion to set aside the...

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