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The Third District Court of Appeal reversed and remanded a trial court's order granting summary judgment to borrower Delvis De Leon in a dispute with the National Collegiate Student Loan Trust. The appellate court rejected De Leon's res judicata defense premised on the trust's failure to bring a claim against him during a Chapter 7 bankruptcy proceeding.
October 14, 2019 at 03:00 PM
1 minute read
Florida’s Third District Court of Appeal revived litigation between a student loan trust and a borrower after ruling the absence of a claim for student loans during bankruptcy proceedings does not preclude future litigation.
The appeals court reversed and remanded a summary judgment granted to Delvis De Leon against National Collegiate Student Loan Trust 2007-3 in Miami-Dade Circuit Court.
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