Udell v. United States (In Re Udell)

MEMORANDUM AND ORDER

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

The issue presented in this adversary proceeding is whether 11 U.S.C. § 523(a)(8) or 10 U.S.C. § 2005(d) controls the “dischargeable nature” of the obligation owed by Plaintiff to Defendant. For the reasons set forth herein, we conclude that the dischargeability of Plaintiffs obligation to Defendant is governed by 10 U.S.C. § 2005(d) and we, therefore, enter judgment on the complaint in favor of Plaintiff and find the obligation discharge-able.

We begin by noting that no trial was held in this adversary proceeding as the parties…