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Swanson, Jeffrey – Journal of College and University Law, 1994
This article examines a 1993 decision by the District of Columbia Circuit Court of Appeals, which upheld the right of the Atlanta College of Medical and Dental Careers, Inc., to appeal the U.S. Department of Education's decision to eliminate it from the federal student loan program because of high loan default rates. (MDM)
Descriptors: Court Litigation, Federal Courts, Federal Legislation, Federal Programs
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Lake, John F.; Pedulla, Maria A. – Journal of College and University Law, 1990
Discussion of a ruling allowing state agencies to deny new educational loans to students with previous loans discharged in bankruptcy looks at the intent behind the Bankruptcy Code, specifically concerning the nature of educational loans and the "fresh start" policy. Potential conflicts between the state and federal statute is also…
Descriptors: College Administration, College Students, Court Litigation, Eligibility
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Lohman, Donald – Journal of College and University Law, 1993
It is proposed that a recent court decision concerning default on National Health Service Corps scholarship obligations has addressed thoroughly and resolved all the arguments made by defaulting recipients, placing the scholarships in the realm of grant-in-aid programs and removing common-law defenses of the defaulting student. (MSE)
Descriptors: Contracts, Court Litigation, Higher Education, Legal Problems
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Woodcock, Raymond L. – Journal of College and University Law, 1998
Debtors seeking discharge in bankruptcy of student loans should be aware of certain arguments in their favor: that the burden of persuasion should remain on the creditor throughout; the standard of proof should be the preponderance-of-the-evidence standard; and that burden of production is, for the most part, the creditor's. Recent case law is…
Descriptors: Banking, College Students, Court Litigation, Debt (Financial)