United States Fifth Circuit

It is the purpose, not the use, of federally guaranteed educational loans that controls whether they are dischargeable in bankruptcy; thus, 11 U.S.C. section 523(a)(8) bars a debtor from discharging student loans in bankruptcy, even if a portion of the loans was used to pay room, board, and living expenses.

Appellate Information

• Decided 03/05/2002
• Published 03/05/2002

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH and DeMOSS, Circuit Judges, and LAKE, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• 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.