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MATTER OF FONZO

Bankruptcy No. 78 B 311.

1 B.R. 722 (1979)

In the Matter of Francis G. FONZO, Bankrupt.

United States Bankruptcy Court, S.D. New York.

December 26, 1979.

Attorney(s) appearing for the Case

Lawrence W. O'Toole, Albany, N.Y., Van de Water & Van de Water, Poughkeepsie, N.Y., for plaintiff.

Finkelstein, Mauriello, Kaplan & Levine, P.C., Newburgh, N.Y., for defendant-bankrupt; by Michael O. Gittelsohn, Newburgh, N.Y., of counsel.

HOWARD SCHWARTZBERG, Bankruptcy Judge.

This adversary proceeding was brought by the New York State Higher Education Services Corporation seeking a determination that $1,000 due from the bankrupt on a loan insured pursuant to the Education Amendments of 1976, 20 U.S.C. § 1001 et seq. (1978), is nondischargeable in bankruptcy under § 439A of the Higher Education Act of 1965, 20 U.S.C. § 1087-3. Although 20 U.S.C. § 1087-3 was repealed on November...

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