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.