Case No. 93-13185, Adversary No. 99-5173United States Bankruptcy Court, D. Kansas
February 23, 2001
JUDGMENT ON DECISION
ROBERT E. NUGENT, Bankruptcy Judge
Cheryl Poland, debtor, brought this adversary proceeding to have her student loan declared discharged as intended in her Chapter 13 plan. Educational Credit Management Corporation (“ECMC”), her student loan creditor by way of assignment, objects to the discharge for several reasons including the Tenth Circuit holding in Andersen v.UNIPAC-NEBHELP (In re Andersen), 179 F.3d 1253 (10th Cir. 1999), should not be retroactively applied to this case. Cheryl Poland appears by her attorney Carry L. Howard. ECMC appears by its attorney N. Larry Bork. The parties submitted the matter to the Court on stipulations and briefs.
For reasons stated in the Memorandum and Opinion, judgment is hereby entered in favor of
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the debtor Cheryl Ann Poland and the student loan owed by Cheryl Ann Poland to Educational Credit Management Corporation is hereby DISCHARGED pursuant to her Chapter 13 plan and Discharge Order.
IT IS SO ORDERED.