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MATTER OF NEAVEAR

No. 81-1860.

674 F.2d 1201 (1982)

In the Matter of Randall B. NEAVEAR, Debtor. Randall B. NEAVEAR, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 5, 1982.

As Modified on Denial of Rehearing July 26, 1982.

Attorney(s) appearing for the Case

James S. Brannon, Peoria, Ill., for plaintiff-appellant.

Frank A. Rosenfeld, Appellate Staff, Civil Division, Dept. of Justice, Washington, D. C., for defendant-appellee.

Before CUDAHY, Circuit Judge, FAIRCHILD, Senior Circuit Judge, and POSNER, Circuit Judge.

CUDAHY, Circuit Judge.

In this appeal we are presented with a question of first impression at the federal appellate level: whether section 207 of the Social Security Act, 42 U.S.C. § 407 (1976), confers on the Social Security Administration ("SSA") a blanket exemption from the operation of the bankruptcy laws, so that a debt owing to the SSA because of an overpayment of benefits cannot be discharged in bankruptcy. We hold that the SSA enjoys no such immunity...

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