State of N.Y. Higher Educ. Servs. Corp. v. Quell

In State of N.Y. Higher Educ. Servs. Corp. v. Quell (104 A.D.2d 11 [3d Dept 1984]), the Court, in interpreting section 523 (a) (8) of the Bankruptcy Code, stated that this provision is intended to be self-executing. The lender institution is not required to file a complaint to determine the nondischargeability of any student loan and, unless the student debtor availed himself of the determination by the Bankruptcy Court that the student loan should be discharged because of undue hardship, the loan is not discharged.