Vermont Student Assistance Corp. v. Ewell (In Re Ewell)

FINDINGS, MEMORANDUM AND CONCLUSIONS

CHARLES J. MARRO, Bankruptcy Judge.

This is an adversary proceeding to determine dischargeability of a student loan. The plaintiff’s complaint is predicated upon § 17a of the Bankruptcy Act, as amended August 14, 1979, which excepts from the discharge a loan insured or guaranteed under the Higher Education Act of 1965 (20 U.S.C. 1071 et sequi) unless the discharge is granted after the expiration of a five year period (exclusive of any applicable suspension of the repayment period) beginning on the date of commencement of the repayment period of such loan, or…