Matter of Fonzo

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 Although 20 U.S.C. § 1087-3 was repealed on November 6, 1978 [Pub.L. 95-598, Title III, § 317, 92 Stat. 2678] it applied to all petitions in bankruptcy filed after September 30, 1977 and before November…