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IN RE McDANIEL

No. 18-1445.

973 F.3d 1083 (2020)

IN RE: Byron Patterson MCDANIEL, Jr.; Laura Paige McDaniel, Debtors. Byron Patterson McDaniel, Jr.; Laura Paige McDaniel, Plaintiffs-Appellees, v. Navient Solutions, LLC, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED August 31, 2020.

Attorney(s) appearing for the Case

Thomas M. Farrell , McGuireWoods LLP, Houston, Texas ( K. Elizabeth Sieg , McGuireWoods LLP, Richmond, Virginia; Eric E. Johnson and Carla R. Martin , Sherman & Howard LLC, Denver, Colorado, on the briefs), for Defendant-Appellant.

Austin C. Smith , Smith Law Group LLP, New York, New York, for Plaintiffs-Appellees.

Before BRISCOE, HOLMES, and EID, Circuit Judges.

The Bankruptcy Code excepts from discharge "an obligation to repay funds received as an educational benefit," unless doing so imposes undue hardship on the debtors and their dependents. 11 U.S.C. § 523(a)(8)(A)(ii). Plaintiffs-Appellees Byron and Laura McDaniel claim that they discharged some private student loans in...

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