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IN RE ANDERSEN

No. 98-3049.

179 F.3d 1253 (1999)

In re Doreen Ann ANDERSEN, Debtor. Doreen Ann Andersen, Plaintiff-Counter-Defendant-Appellee. v. UNIPAC-NEBHELP, Defendant, and Educational Credit Management Corporation, successor to Transitional Guaranty Agency and successor in interest to Higher Education Assistance Foundation, Defendant-Counter-Claimant-Appellant, United Student Aid Funds, Inc., Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

June 7, 1999.

Attorney(s) appearing for the Case

N. Larry Bork, Goodell, Straton, Edmonds & Palmer, Topeka, Kansas (Jodean A. Thronson, Staff Attorney, Educational Credit Management Corporation, St. Paul, Minnesota, with him on the brief), for Defendant-Counter-Claimant-Appellant.

Donald B. Clark, Wichita, Kansas, for Plaintiff-Counter-Defendant-Appellee.

Mac D. Finlayson, Flowers and Finlayson, P.C., Tulsa, Oklahoma, filed an amicus brief for United Student Aid Funds, Inc.

Before ANDERSON and McWILLIAMS, Circuit Judges, and COOK, District Judge.

COOK, District Judge.

Defendant-Appellant Educational Credit Management Corporation brings this appeal from a final order of the Tenth Circuit Bankruptcy Appellate Panel, reversing the judgment of the United States Bankruptcy Court for the District of Kansas. We have jurisdiction by virtue of 28 U.S.C. § 158(d), and we affirm.

I. Background

The parties have stipulated to the relevant and material facts. On December 27, 1990, the debtor herein...

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