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In a bankruptcy action seeking an undue hardship discharge of substantial student loan debts, district court judgment is reversed where defendant is not entitled to an undue hardship discharge under 11 U.S.C. sec. 523(a)(8), as defendant is a recent law school graduate who is reasonably likely to be able to make significant debt repayments in the foreseeable future and qualified for the Department of Education's twenty-five year Income Contingent Repayment Plan.
Appeal from the United States District Court for the District of Minnesota.
Submitted: October 17, 2008
Filed: July 8, 2009
Before LOKEN, Chief Judge, BYE and SMITH, Circuit Judges.
Opinion by LOKEN, Chief Judge.
Concurring Opinion by SMITH, Circuit Judge.
Dissenting Opinion by BYE, Circuit Judge.