Innes v. Kansas State University (In Re Innes)

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Chief Judge.

This proceeding is before the Court on defendant Kansas State University’s motion to dismiss for lack of jurisdiction. The Court has heard the arguments of counsel and considered the relevant pleadings, and is now ready to rule.

FACTS

The debtors filed a complaint to determine the dischargeability of a number of student loans. They claim the loans should be dis-chargeable on the ground of “undue hardship,” as provided by 11 U.S.C.A. § 523(a)(8)(B) and § 1328. Except for the amounts owed on the loans, the facts relevant to the undue hardship…