Alleshouse v. State

GARRARD, Judge.

This appeal is from a grant of summary judgment in favor of the lender to recover for a debtor’s defaulted guaranteed student loans. The issue is whether the court properly applied the law to determine that the debt had not been discharged in bankruptcy. We conclude the court erred.

Between August 22,1980 and August 15, 1982 Alleshouse (debtor) borrowed money and executed three promissory notes for guaranteed student loans insured by the *342State Student Assistance Commission of Idnaian (lender).1 According to the terms of the notes, repayment was to commence on the “first day of…