MEMORANDUM OPINION
JOHN T. LANEY, III, Bankruptcy Judge.
On October 16, 2002, the court held a hearing on the Motion of Sallie Mae Servicing, L.P. ("Defendant") to Dismiss Pursuant to Bankruptcy Rule 7012(b)(6). At the conclusion of the hearing, the court took the matter under advisement. After considering the parties' briefs and oral arguments, as well as applicable statutory and case law, the court makes the following conclusions of law.
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