In re McGinnis (02-70055)
Ruling on Pennsylvania Higher Education Assistance Agency’s ("Defendant") Motion for Summary Judgment, the Court stated that Education Credit Management Corp. v. Carter (In re Carter), 279 B.R. 872 (M.D. Ga. 2002), set a very high standard for undue hardship. However, the Court could not make such a determination as a matter of law because there were genuine issues of material fact which remained in dispute. The Court denied Defendant’s Motion for Summary Judgment.