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Opinion 144

Case Name: 

In re Garfield

Judge: 
Judge Clark
Date: 
Dec-8-1984
Case Number(s): 
83C-3017
Status: 

UNPUBLISHED

Body: 

Chapter 7 debtors filed an uncalendared, post-discharge motion to discharge student loans, claiming undue hardship. Debtors' motion was verified, and the loan servicer indicated it had no reason to disbelieve the hardship allegations. The parties agreed to have the court determine dischargeability based on the motion and a letter from debtor/wife's doctor. The court determined, based on Bankruptcy Rule 7001, that determination of a debt's dischargeability is an "adversary" proceeding, which must be commenced by a complaint. The court denied debtors' motion on the basis that it was in an improper procedural posture.

Internal Ref: 
Opinion 144
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