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MATTER OF EICHELBERGER

Bankruptcy Nos. 8000912JC, 8001123JC, Adv. Nos. 800133JC, 800135JC and 800136JC.

6 B.R. 705 (1980)

In the Matter of Elaine EICHELBERGER. UNITED STATES of America, Plaintiff, v. Elaine EICHELBERGER, Defendant. In the Matter of Thad L. LINDSEY and Linda D. Lindsey. UNITED STATES of America, Plaintiff, v. Thad L. LINDSEY, Defendant, and UNITED STATES of America, Plaintiff, v. Linda D. LINDSEY, Defendant.

United States Bankruptcy Court, S.D. Mississippi, Jackson Division.

October 29, 1980.

Attorney(s) appearing for the Case

L. K. Travis, Asst. U.S. Atty., Jackson, Miss., for plaintiff in No. 800133JC.

Albert Dickens, Jr., Jackson, Miss., for defendant in No. 800133JC.

L.A. Smith, III, Asst. U.S. Atty., Jackson, Miss., for plaintiff in No. 8001123JC.

William R. Barnett, Jackson, Miss., for defendant in No. 8001123JC.

MEMORANDUM AND ORDER

BARNEY E. EATON, III, Bankruptcy Judge.

These cases are of first impression before this Court upon the issue of the dischargeability of educational student loans under Chapter 13 "Wage Earner" plans of the Bankruptcy Code of 1978. Specifically, the issue relates to the application of 11 U.S.C. § 523(a)(8) to petitions and plans filed pursuant to Chapter 13.

I.

The facts are essentially the same in the three (3...

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