United States District Court, D. Massachusetts
ROBERT E. MURPHY
EDUCATIONAL CREDIT MANAGEMENT CORPORATION
Robert E. Murphy, Appellant, Pro se, Duxbury, MA USA.
For Sallie Mae, Inc., Appellee: Richard L. Blumenthal, LEAD ATTORNEY, Silverman & Kudisch PC, Newton Center, MA USA.
U.S. Department of Education, Appellee, Pro se.
For College Board, Appellee: Khang V. Tran, LEAD ATTORNEY, Hogan Lovells U.S. LLP, Washington, DC USA; Nadine Peters, LEAD ATTORNEY, Hogan & Hartson LLP, Washington, DC USA.
For Educational Credit Managment Corporation, Appellee: John F. White, Jr., LEAD ATTORNEY, Lipman & White, Hanover, MA USA.
MEMORANDUM OF DECISION
RYA W. ZOBEL, UNITED STATES DISTRICTJUDGE.
Robert E. Murphy appeals from the bankruptcy court's judgment that his student loan debt is nondischargeable under 11 U.S.C. § 523(a)(8)(A)(i). The judgment is AFFIRMED.
The basic facts are undisputed. Murphy is 63 years old. He is married and lives in good health in Duxbury, Massachusetts. He has been unemployed since 2002. He last worked as president of a corporation, but in 2002, the corporation was sold, its operations were moved overseas, and Murphy's employment was terminated. He has looked for work, without success, since then. He attributes his prolonged unemployment to the shrinking American manufacturing base, his age, his overqualification for some non-executive positions, and the stigma of prolonged unemployment itself.
Murphy financed--at least in part--the college education of his three now-grown children. He took out twelve loans between 2001 and 2007 in the total amount of $220,765. The loans have since been consolidated and are all held by defendant Educational Credit Management Corporation (" ECMC" ). The current balance is approximately $242,697.90. Murphy's children are not responsible for repaying the loans.
Murphy filed an adversary proceeding in the bankruptcy court ...