D'Youville College v. Girdlestone (In re Girdlestone)

DECISION & ORDER

Hon. Carl L. Bucki, Chief U.S.B.J.

In Cazenovia College v. Renshaw (In re Renshaw), 222 F.3d 82 (2d Cir.2000), the Court of Appeals held that the mere obligation to pay tuition does not constitute a loan that is non-dischargeable under the Bankruptcy Code. The present adversary proceeding now presents the question of whether a different result must follow from the amendments to 11 U.S.C. § 523(a)(8) that Congress adopted in 2005.

During the fall of 1995 and the spring of 1996, Briget Kendziora was enrolled as a student at D’Youville College in Buffalo, New York. Upon registering…