IN RE EKENASI

No. 02-1239.

325 F.3d 541 (2003)

In Re: Geoffrey Ifenay EKENASI, Debtor. Geoffrey Ifenay Ekenasi, Plaintiff-Appellee, v. The Education Resources Institute; Pennsylvania Higher Education Assistance Agency, Defendants-Appellants, and Debra A. Wertman, Trustee.

United States Court of Appeals, Fourth Circuit.

Decided: April 16, 2003.


Attorney(s) appearing for the Case

ARGUED: Steven Leftridge Thomas, Kay, Casto & Chaney, P.L.L.C., Charleston, West Virginia, for Appellants. Andrew Steven Nason, Pepper, Nason & Hayes, Charleston, West Virginia, for Appellee.

Before TRAXLER and SHEDD, Circuit Judges, and C. Arlen BEAM, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.


Reversed by published opinion. Judge TRAXLER wrote the opinion, in which Judge SHEDD and Senior Judge BEAM joined.

OPINION

TRAXLER, Circuit Judge:

The Education Resources Institute and Pennsylvania Higher Education Assistance Agency ("Appellants") appeal an order of the district court affirming the bankruptcy court's order discharging Geoffrey Ifenay Ekenasi's student loan debts pursuant to 11 U.S.C.A. § 523 (West 1993 & Supp. 2002). Because...

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