IN MATTER OF SKIPWORTH (N.D.Ala. 4-1-2010)
The debtor filed an AP to discharge student loans (actually, it was a law student who took out a loan to pay for his State Bar Exam Prep course). Citibank never responded, so debtor moved for a default judgment. The court did it's own analysis based on the facts alleged in the complaint, and denied the debtor discharge of its student loans.
Don't necessarily count on the "file the AP and hope the student loan lender doesn't respond" strategy.
The debtor filed an AP to discharge student loans (actually, it was a law student who took out a loan to pay for his State Bar Exam Prep course). Citibank never responded, so debtor moved for a default judgment. The court did it's own analysis based on the facts alleged in the complaint, and denied the debtor discharge of its student loans.
Don't necessarily count on the "file the AP and hope the student loan lender doesn't respond" strategy.
Comment