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IN RE MURPHY

No. 01-10516.

282 F.3d 868 (2002)

In the Matter of Daniel G. MURPHY, Debtor. Daniel G. Murphy, Appellant, v. Pennsylvania Higher Education Assistance Agency and Educational Credit Management Corporation, Appellees.

United States Court of Appeals, Fifth Circuit.

March 5, 2002.

Attorney(s) appearing for the Case

Charles R. Chesnutt, III (argued), Dallas, TX, for Appellant.

Donald W. Cothern (argued), Gregory Duane Smith, Ramey & Flock, Tyler, TX, for Educational Credit Management Corp.

Beverly Ann Whitley (argued), John Kendrick Turner, Bell, Nunnally & Martin, Dallas, TX, for Pennsylvania Higher Educ. Assistance Agency.

Before SMITH and DeMOSS, Circuit Judges, and LAKE, District Judge.

JERRY E. SMITH, Circuit Judge:

Daniel Murphy borrowed approximately $55,000 in federally guaranteed loans to attend institutions of higher learning. Shortly after receiving an L.L.M. degree, he filed for chapter 7 bankruptcy. The bankruptcy court held that 11 U.S.C. § 523(a)(8) bars him from discharging any of those loans in bankruptcy, because he obtained them to finance his education and signed promissory notes reflecting...

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