032507P.pdf   05/12/2004  Lee E. J. Bender  v.  Educational Credit
   U.S. Court of Appeals Case No:  03-2507
   District of Nebraska   
   Civil case - Bankruptcy. On appeal to the district court, the district 
   court did not err in concluding debtor's petition to discharge her student 
   loans was not ripe for review; while it makes sense, as an administrative 
   convenience, to commence an adversary proceeding to determine 
   hardship in a Chapter 13 proceeding before the actual date of discharge, 
   the debtor should wait until relatively close to the date of discharge so 
   that the court can make a determination in light of the debtor's actual 
   circumstances at the relevant time; here, filing the petition three and one- 
   half years before debtor was eligible for discharge would lead to a 
   speculative result; automatic stay would protect debtor until a petition 
   could be filed. 
   [PUBLISHED] [M. Arnold, Author]