Tag Archives: Student Loans

Civil Practice – Venue – Winston-Salem Injury – Boston Witnesses – BC Cheerleader – Student Loans (access required)

Weishaupt v. Boston College Even though plaintiff was injured while she was cheering at a Wake Forest football game and was initially treated at a Winston-Salem hospital, nearly all witnesses are located in Massachusetts and other northeastern states, the allegedly faulty training and supervision took place in Massachusetts, and much of plaintiff’s treatment took place in Massachusetts and New York. Moreover, plaintiff now lives in Utah.

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Bankruptcy – Automatic Stay – Violation – Sanctions – Post-Discharge Collection – Student Loans – Excepted from Discharge (access required)

In re Green Even though the creditor-university has now changed its procedures so that it will not attempt to collect a student’s debts when the university is subject to an automatic bankruptcy stay, the university should not have waited until 2010 to do so. The debtor’s motion for sanctions for violation of the automatic stay is granted in the amount of $2,000. However, the university is not in contempt of court for its post-discharge attempts to collect certain student loan and overpayment amounts.

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Bankruptcy – Dischargeability – Student Loans — Brunner Test (access required)

Boston v. Educational Credit Management Corp. Where the debtor’s educational loans are her only remaining debt, she expects continued significant increases in her income, and her reason for seeking discharge of her own student loans is so she can save money for her son’s college education, the debtor has not shown that she is entitled to a discharge of her student loans. Judgment for the defendant-creditor.

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