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United States Fifth Circuit


MURPHY v. MICHIGAN GUAR. AGENCY, 01-10045

State student loan agency has 11th Amendment immunity from Chapter 7 adversary proceeding seeking to discharge student loan debts under Bankr. R. 7001(6) because an adversary proceeding to determine the dischargeability of a debt is a "suit" under the Eleventh Amendment.

Appellate Information

  • Decided 11/14/2001
  • Published 11/14/2001

Judges

  • CARL E. STEWART, Circuit Judge:, Before BARKSDALE and STEWART, Circuit Judges, and DUPLANTIER, District Judge.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Charles R. Chesnutt, III, Dallas, TX, for Appellant.

  • For Appellees:
  • Steven B. Flancher, Michigan Dept. of Atty. Gen., Lansing, MI, for Appellee.
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