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Noland v. Iowa Student Loan Liquidity Corp. (In re Noland)

Noland v. Iowa Student Loan Liquidity Corp. (In re Noland)

Ruling
Debtor's use of proceeds for non-educational purposes did not change status of nondischargeable student loans.
Procedural posture

Chapter 7 debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of his student loan debt under 11 U.S.C.S. § 523(a)(8). He argued that the loans were not "qualified education loans" as defined in 26 U.S.C.S. § 221(d)(1), and that repaying the student loans would cause him an undue hardship. The debtor filed a motion for summary judgment, and the creditor objected.

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Consumer opinion summary, case decided on March 30, 2010 , LexisNexis #0710-018