By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Are private educational student loans automatically excepted from discharge by § 523(a)(8). (Jacobs) Homaidan v. Sallie Mae, Inc., Navient Solutions, LLC, 2021 WL 2964217 (2nd Cir. July 15, 2021) Case Summary Hilal Homaidan received a number of educational loans to attend College. Shortly after graduation, he filed a Chapter...
Critical Case Comment: Miller v. Deutsche Bank National Trust Company
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By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN
Miller v. Deutsche Bank National Trust Company, 2012 WL 286865 (10th Cir, Feb. 1, 2012) (Portfilio)
A creditor, seeking relief from the automatic stay, must establish its right to enforce the underlying note and where that note is endorsed in blank, the creditor generally must produce the original Note; the Rooker-FeldmanDoctrine does not preclude a debtor from challenging the standing of the creditor when that creditor obtained a judgment of foreclosure in state court.
Case Summary
The Millers had executed . . .
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