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IN RE WOODY

BAP Nos. KS-05-124, KS-05-425, Bankruptcy No. 02-21662-7, Adversary Nos. 02-6095, 02-6096.

345 B.R. 246 (2006)

In re Larry Lee WOODY, Debtor. Larry Lee Woody, Plaintiff-Appellee, v. United States Department of Justice, Defendant-Appellant. Larry Lee Woody, Plaintiff-Appellee, v. United States Department of Education, Defendant-Appellant.

United States Bankruptcy Appellate Panel for the Tenth Circuit.

June 16, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs:* Eric F. Melgren, United States Attorney (Christina Medeiros, Assistant United States Attorney, and Christopher Allman, Assistant United States Attorney, with him on the brief), Kansas City, Kansas, for Appellants.

Kenneth M. Gay of Consumer Advocate, L.L.C., Lenexa, Kansas, for Appellee.

Before BOHANON, BROWN, and McNIFF, Bankruptcy Judges.

OPINION

BOHANON, Bankruptcy Judge.

The United States Department of Justice and the United States Department of Education (collectively, the "Creditors"), timely appeal a final judgment entered by the United States Bankruptcy Court for the District of Kansas discharging the Chapter 7 debtor's Department of Education student loans (the "523 Loan") pursuant to the "undue hardship" provision in 11 U.S.C. § 523(a)(8), and debtor's Health Education Assistance...

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