IN RE ZIMMERMAN, (Bankr.W.D.Tenn. 1999)

GEORGE BOSWELL, Bankruptcy Judge

The debtors, Ronald Dana Kay Zimmerman filed a complaint for a hardship discharge against the defendant Nebraska Student Loan Program on May 14, 1998. The debtors allege in this adversary proceeding that they are entitled to a discharge of their student loans under 11 U.S.C. § 523(a)(8)'s "hardship" provision. On November 13, 1998, Nebraska Student Loan Program filed a motion for summary judgment asserting that there were no genuine issues of material fact and that it was entitled to judgment as a matter of law. The Zimmermans filed a response to this motion on December 10, 1998.

This Court conducted a hearing on this motion for summary judgment on December 16, 1998, pursuant to FED. R. BANK. P. 9014. This is a core proceeding. 28 U.S.C. § 157(b)(2). The following shall serve as this Court's findings of facts and conclusions of law pursuant to FED. R. BANKR. P. 7052.

Summary Judgment under FED. R. CIV. P. 56(c), made applicable to bankruptcy contested matters and adversary proceedings by FED. R. BANKR. P. 7056, is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). Any inferences to be drawn from the underlying facts must be viewed in the light most favorable to the party opposing the motion. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986).

After reviewing the facts of this case and the record as a whole, this Court concludes that summary judgment is not appropriate in this case. The Court finds that there exist genuine issues of material fact regarding the debtors' standard of living and ability to repay the student loan.

It is therefore ORDERED that the Motion For Summary Judgment Filed by Nebraska Student Loan Program is DENIED. IT IS SO ORDERED.