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McKAY v. INGLESON

No. 07-35362.

558 F.3d 888 (2009)

Elle Melissa McKAY, Appellant, v. John B. INGLESON, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 23, 2009.

Attorney(s) appearing for the Case

Terrance J. Slominski, Slominski & Associates, Tigard, OR, argued the cause for the appellant and submitted a brief.

David B. Gray, Swensen & Gray, Portland, OR, argued the cause for the appellee and submitted a brief.

Before: DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER and JAY S. BYBEE, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether a student's financial arrangement with the university she attended constituted a non-dischargeable educational loan under the Bankruptcy Code.

I

A

Elle McKay, then a student at Vanderbilt University, entered into a "Vanderbilt University Graduate and Professional Student Account and Deferment Agreement" ("the Agreement") on October 2, 1996. After reciting that the parties...

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