Connecticut Student Loan Foundation v. Southard (In Re Southard)

MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

The issue here is whether student loans are dischargeable where the petition in bankruptcy was filed after the repeal of § 1087-3 of the Higher Education Act making student loans nondischargeable, but before enactment of § 523 of the BRA of 1978 which not only continues the policy of non-dischargeability but broadens the scope of § 1087-3.

The facts are simple and not in dispute.

During the period January 30, 1969, through December 30, 1973, Robert W. Southard received seven federally guaranteed student loans totaling $5,225.00. The…