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IN RE WOODY

No. 06-3294.

494 F.3d 939 (2007)

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

United States Court of Appeals, Tenth Circuit.

July 24, 2007.

Attorney(s) appearing for the Case

Jonathan H. Levy, Attorney, Department of Justice (Peter D. Keisler, Assistant Attorney General; Eric F. Melgren, United States Attorney; and Robert M. Loeb, Department of Justice Attorney, with him on the briefs), Washington, D.C., for Defendant-Appellant.

Kenneth Michael Gay, Consumer Advocate, L.L.C., Lenexa, Kansas, for Plaintiff-Appellee.

Before BRISCOE, EBEL, and HARTZ, Circuit Judges.

EBEL, Circuit Judge.

The United States Department of Justice (the "DOJ") appeals a judgment of the United States Bankruptcy Appellate Panel for the Tenth Circuit ("BAP") affirming the District of Kansas Bankruptcy Court's discharge of Larry Lee Woody's Health Education and Assistance Loan ("HEAL loan") debt. Pursuant to 42 U.S.C. § 292f(g), HEAL loan debt may be discharged only if nondischarge of the debt would be "unconscionable."

The DOJ argues that...

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