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United States v. Samuel A. Abady

Defendant Is Not Excused From Non-Performance Of His Obligation to Repay Educational Loans

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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46929 Judge Stein THE U.S. brought an action to recover $21,287 loaned to defendant while he was a student and which, according to the government, he has failed to repay. Defendant, who received educational loans to attend the University of Pennsylvania law school from 1978 to 1981, asserted that he does not need to repay his loans because the Virginia State Education Assistance Administration (VSEAA) is in material breach of a settlement agreement. Defendant stated that VSEAA failed to change his loan status from “default to active” and failed to send him notices, as it was bound to do by the stipulation. The court granted summary judgment to plaintiff, finding that defendant offered no proof of his contentions and adding that defendant stated that he was sent notices in 1994, which indicates that he was made aware of his continuing indebtedness. The court concluded that as long as VSEAA’s alleged breach is not material, it will not excuse defendant’s non-performance of his obligation to repay the loans.

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