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U.S. DEPT. OF HEALTH & HUMAN SERVICES v. SMITLEY

No. 02-2056.

347 F.3d 109 (2003)

U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, Plaintiff-Appellant, and Great Lakes Higher Education Servicing Corporation, Agent for Associated Bank, Plaintiff, v. Zane Todd SMITLEY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: October 20, 2003.

Attorney(s) appearing for the Case

ARGUED: Anne Margaret Hayes, Assistant United States Attorney, Raleigh, North Carolina, for Appellant.

Douglas Quinn Wickham, HATCH, LITTLE, BUNN, L.L.P., Raleigh, North Carolina, for Appellee. ON BRIEF: Frank D. Whitney, United States Attorney, Neal I. Fowler, Assistant United States Attorney, Raleigh, North Carolina, for Appellant.

Before MICHAEL, MOTZ, and KING, Circuit Judges.

Reversed by published opinion. Judge DIANA GRIBBON MOTZ wrote the majority opinion, in which Judge KING joined. Judge MICHAEL wrote a dissenting opinion.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In this Chapter 7 case, the United States Department of Health and Human Services (HHS) appeals the district court order affirming the bankruptcy court's discharge of the Health Education Assistance Loans ("HEAL loans") of Zane Todd Smitley. Because the...

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