McKay

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ELLE MELISSA MCKAY,  No. 07-35362 Appellant, v.  D.C. No.

CV-07-00285-GMK

JOHN B. INGLESON,

OPINION

Appellee.  Appeal from the United States District Court for the District of Oregon Garr M. King, District Judge, Presiding

Argued and Submitted December 10, 2008—Portland, Oregon

Filed February 23, 2009

Before: Diarmuid F. O’Scannlain, Susan P. Graber and Jay S. Bybee, Circuit Judges.

Opinion by Judge O’Scannlain Terrance J. Slominski, Slominski & Associates, Tigard, Ore- gon, argued the cause for the appellant and submitted a brief.

David B. Gray, Swensen & Gray, Portland, Oregon, argued the cause for the appellee and submitted a brief.

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether a student’s financial arrangement with the university she attended constituted a non- dischargeable educational loan under the Bankruptcy Code.

I

A

Elle McKay, then a student at Vanderbilt University, entered into a “Vanderbilt University Graduate and Profes- sional Student Account and Deferment Agreement” (“the Agreement”) on October 2, 1996. After…