In re Lawrence
Aug
18
2005
Ruling
Debtor's HEAL student loans were deemed nondischargeable and the undue hardship argument was irrelevant since an unconscionability standard applied and the debtor did not plead unconscionability sufficiently.
Procedural posture
Plaintiff chapter 7 debtor filed an adversary proceeding against defendant United States and others to determine the dischargeability of his various student loan obligations. The United States, on behalf of the Department of Health and Human Services, moved to dismiss with respect to the debtor's Health Education Assistance Loans ("HEAL").
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Court
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