The Ninth Circuit Court of Appeals recently ruled in
favor of a debtor, who sought discharge of his student loan debt in a decade - old bankruptcy case.
In ruling in
favor of the debtor, the court ruled that he was under no obligation to exhaust his administrative remedies prior to seeking discharge of his student loans in bankruptcy:
Not exact matches
Their capture
of the government's financial, regulatory and policy - making institutions has led to a policy bias
favoring creditors over
debtors.
That's the power
of compounding working in your
favor, not in your
debtors»!
The
debtor had no hope
of winning the case; the law was entirely in the creditor's
favor.
Saudi money may keep the country from becoming one
of the world's chronic
debtors, but in exchange the Saudis encourage Nigerian leaders to
favor the causes
of the country's Islamic population, and they take all available opportunities to build mosques.
You acknowledge that Section 1542 provides that: «A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME
OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR.»
Also, the justices ruled in
favor of a student
debtor in a case involving student loans and bankruptcy that was being watched closely by many in banking and higher education.
Shedding student loans through bankruptcy is difficult, but over the past three years or so, a number
of bankruptcy courts have ruled in
favor of college - loan
debtors, showing both compassion and common sense.
If you are a California resident, you waive California Civil Code § 1542, which provides: «A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME
OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.»
If you are a California resident, you waive California Civil Code Section 1542, which says: «A general release does not extend to claims which the creditor does not know or suspect to exist in his
favor at the time
of executing the release, which, if known by him must have materially affected his settlement with the
debtor.»
Similarly, for cases pertaining to unions and economic activity, liberal decisions would be those that ruled in
favor of a union, the government, competition, small business,
debtors, injured persons, environmental protection and consumers.
Served as lead counsel and obtained entry
of judgment on the pleadings in
favor of chapter 11
debtor in adversary proceeding involving claim to ownership
of US$ 200 million tax refund monies.
If you are a California resident, you hereby waive California Civil Code § 1542, which says: «A general release does not extend to claims which the creditor does not know or suspect to exist in his
favor at the time
of executing the release, which if known by him must have materially affected his settlement with the
debtor.»
A judgment
of judicial foreclosure may be preferred by a credit in
favor of a foreclosure
of a mortgage or deed
of trust to secure a «deficiency judgment» for any amount still owed by the
debtor after the foreclosure sale.