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IN RE ANDERSEN

BAP No. KS-97-059, Bankruptcy No. 90-13912, Adversary No. 96-5277.

215 B.R. 792 (1998)

In re Doreen Ann ANDERSEN, Debtor. Doreen Ann ANDERSEN, Plaintiff-Counter-Defendant-Appellant, v. HIGHER EDUCATION ASSISTANCE FOUNDATION and UNIPAC-NEBHELP, Defendants-Appellees, Transitional Guaranty Agency, Defendant-Counterclaimant-Appellee.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

January 26, 1998.

Attorney(s) appearing for the Case

Donald B. Clark, Wichita, KS, for Plaintiff-Counter-Defendant-Appellant.

N. Larry Bork, Goodell, Straton, Edmonds & Palmer, Topeka, KS, and Jodean A. Thronson (of Counsel), Staff Attorney for Educational Credit Management Corporation, St. Paul, MN, for Educational Credit Management Corporation, successor-in-interest to Defendant-Appellee Higher Education Assistance Foundation.

Before McFEELEY, Chief Judge. CORNISH, and MATHESON, Bankruptcy Judges.

OPINION

MATHESON, Bankruptcy Judge.

This Court has before it for review the order of the United States Bankruptcy Court for the District of Kansas determining certain student loan obligations of the Debtor to be nondischargeable. For the reasons set forth below we conclude the decision of the Bankruptcy Court must be reversed and the matter remanded for further proceedings.1

JURISDICTION AND STANDARD OF REVIEW

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