Georgina v. Higher Education Assistance Foundation (In Re Georgina)

MEMORANDUM OPINION

FRANK W. KOGER, Chief Judge.

Debtor filed a Chapter 7 petition for relief on July 26, 1990 and in this adversary proceeding sought to have his student loans discharged on the grounds that they became due more than five years before the date of the filing of the petition. The earliest date of repayment on any of the notes is February 1, 1983, so that facially debtor’s assertions seem valid. However, Higher Education Assistance Foundation, the ultimate defender of the complaint and hereinafter referred to as HEAF, claims that five years had not actually expired because of the…