IN RE CLEVELAND

BAP No. SC 87-1232 MoAsV, Bankruptcy No. 85-05242 H-13, Adv. No. C86-0182 H13.

89 B.R. 69 (1988)

In re Stephan George CLEVELAND, Debtor. UNITED STATES of America, Plaintiff/Appellee, v. Stephan George CLEVELAND, Defendant/Appellant.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided August 9, 1988.


Attorney(s) appearing for the Case

Robert S. Norwood, Santa Ana, Cal., for defendant/appellant.

Robert A. Plaxico, Asst. U.S. Atty., San Diego, Cal., for plaintiff/appellee.

Before MOOREMAN, ASHLAND and VOLINN, Bankruptcy Judges.


ROBERT G. MOOREMAN, Bankruptcy Judge:

This appeal arises out of the bankruptcy court's decision in In re Cleveland, 64 B.R. 810 (Bankr.S.D.Cal.1986), which determined that pursuant to 42 U.S.C. § 294f(g), Health Education Assistance Loans (HEAL Loans) are nondischargeable under 11 U.S.C. § 1328(a). The basis of the decision was that § 294f(g) provides for a limited exception to the "super discharge" of § 1328...

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