Wisconsin Higher Educational Aids Board v. Utterback (In Re Utterback)

MEMORANDUM OPINION

JOHN FLOWERS, Bankruptcy Judge.

Plaintiff filed a complaint on November 9, 1978, seeking a determination that a student loan was non-dischargeable under § 439A of the Higher Education Act. This bankruptcy case was commenced on August 15, 1978, and the bankrupt’s discharge was granted on December 5, 1978.

The defendant has moved for a dismissal of the complaint on the grounds it fails to state a cause of action. Defendant’s motion is predicated upon the repeal of § 439A on November 6, 1978, by § 317 of the Bankruptcy Reform Act. The plaintiff argues the statute should be…