MATTER OF HENRY

No. 18-20809.

941 F.3d 147 (2019)

In the MATTER OF: Stephanie Marie HENRY Debtor. Stephanie Marie Henry, formerly known as Stephanie Marie Henschel, Appellee v. Educational Financial Service, a Division of Wells Fargo Bank, N.A., Appellant.

United States Court of Appeals, Fifth Circuit.

FILED October 17, 2019.


Attorney(s) appearing for the Case

Jason W. Burge , Kathryn Johnson , Fishman Haygood, L.L.P., New Orleans, LA, Lynn Elizabeth Swanson , Attorney, Jones, Swanson, Huddell & Garrison, L.L.C., New Orleans, LA, for Appellee.

Thomas A. Connop, Esq. , W. Scott Hastings, Esq. , Locke Lord, L.L.P., Dallas, TX, Bradley Clay Knapp , Locke Lord, L.L.P., New Orleans, LA, for Appellant.

Tara Ann Twomey , Attorney, National Consumer Bankruptcy Rights Center, San Jose, CA, for Amici Curiae Professor Jay L. Westbrook, National Consumer Bankruptcy Rights Center, National Association of Consumer Bankruptcy Attorneys.

Before KING, HIGGINSON, and DUNCAN, Circuit Judges.


Years after Stephanie Marie Henry took out a student loan, she filed for bankruptcy and received a discharge. Henry and the company that currently holds her loan, Educational Financial Service, a Division of Wells Fargo Bank, N.A., disagree about whether Henry's discharge applies to that loan.1 Henry filed an adversary...

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