Massachusetts Higher Education Assistance Corp. v. Sawaya (In Re Sawaya)

MEMORANDUM ON COMPLAINT TO DECLARE DEBT NON-DISCHARGEABLE

JAMES N. GABRIEL, Bankruptcy Judge.

The defendant filed a voluntary petition in bankruptcy on April 16, 1979, listing eight unsecured creditors. Seven of the claims totalled only $2,711.39; the eighth was for $6,350.00 owed to the plaintiff herein.

The plaintiff, Massachusetts Higher Education Assistance Corporation, filed a complaint on May 23, 1979 contending that its claim against the defendant is non-dis-chargeable because it is “not an allowable debt under the Bankruptcy Laws” and because the defendant “is attempting to misuse the…