Desormes v. Charlotte School of Law Inc. (In re Desormes)
Sep
19
2012
Ruling
Law school held not to have violated stay by attempting to collect student loan debt absent evidence of knowledge or damages suffered by debtor.
Procedural posture
Plaintiff chapter 7 debtor filed adversary proceedings against defendants, a law school and others, claiming that defendants violated the stay that was imposed pursuant to 11 U.S.C.S. § 362(a) when he declared bankruptcy, and seeking a determination that student loan debt be owed was dischargeable under 11 U.S.C.S. § 523(a)(8). The court consolidated the debtor's actions and tried his claims together.
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Court
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