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IN RE TANSKI

Bankruptcy No. 95-22866-JES. Adv. No. 95-2342.

195 B.R. 408 (1996)

In re Thomas A. TANSKI and Tammy L. Tanski, Debtors. Thomas A. TANSKI and Tammy L. Tanski, Plaintiffs, v. UNITED STATES of America, Defendant.

United States Bankruptcy Court, E.D. Wisconsin.

March 19, 1996.

Attorney(s) appearing for the Case

Michael J. Bennett, Lichtsinn & Haensel, S.C., Milwaukee, WI, for Debtors.

Susan M. Knepel, Assistant United States Attorney, Milwaukee, WI, for Defendant.

Thomas J. King, Chapter 13 Trustee, Oshkosh, WI.

DECISION

JAMES E. SHAPIRO, Bankruptcy Judge.

The issue presented is whether the dischargeability of Dr. Thomas Tanski's Health Education Assistance Loans ("HEAL") in his most recent chapter 7 bankruptcy case is controlled by Title 42 (Public Health Service Act) or by Title 11 (United States Bankruptcy Code) §§ 523(a)(8) and 523(b).1

Cross motions for summary judgment have been presented together with a stipulation...

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