Standifer v. State

OPINION

MATTHEWS, Chief Justice.

I. INTRODUCTION

Student loans made by the state are not dischargeable in bankruptcy except in cases of undue hardship. Mark Standifer unsuccessfully sought to set aside a state district court judgment for nonpayment of a student loan on the grounds that it would be void if it were discharged and that discharge-ability should be determined by the district court. We hold that his motion was not time barred, that the court had jurisdiction to determine dischargeability, that his right to obtain a determination of dischargeability was not waived, and that if the loan…