U.S. Department of Education v. Vujovic

U.S. Department of Education v. Vujovic

Appellee:	Radoje Allyn Vujovic
Appellant:	U.S. Department of Education
Case Number:	5:2008cv00295
Filed:	July 7, 2008
Court:	US District Court for the Eastern District of North Carolina
Office:	Bankruptcy Appeal (801) Office
County:	WAKE
Presiding Judge:	James C. Fox
Nature of Suit:	None
Cause of Action:	Federal Question
Jury Demanded By:	28:0158 Bankruptcy Appeal from Judgment/Order

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Date Filed	Document Text
August 11, 2009	Filing 13 JUDGMENT; IT IS ORDERED AND ADJUDGED that the court hereby ALLOWS the United States Motion for Leave to Appeal and GRANTS leave to appeal the injunction and all other issues decided by the Bankrputcy Court in its June 3, 2008 Memorandum Opinion and O rder and its July 25, 2008 Order Determining Conditions of Injunction. The United States Motion for Docketing of Appeal is hereby ALLOWED. FURTHER, the court hereby VACATES the injunction against the United States Department of Education and TERI fro m collecting the student loan obligations against the debtor Vujovic and the conditions of said injunction and REVERSES the Bankruptcy Courts preliminary denial of the debtors request for discharge of his student loan obligations. The court AFFIRMS AND ADOPTS the Bankruptcy Courts finding in its June 3, 2008 Memorandum Opinion and Order that the debtor has not established that his students loans are dischargeable. Because Mr. Vujovic cannot prevail and further proceedings in the Bankrputcy Cou rt on the dischargeability question would serve no real purpose, this court HOLDS that Mr. Vujovics student loans held by the Department of Education and TERI are not dischargeable. Signed by Dennis Iavarone, Clerk of Court by Susan Edwards on 8/11/2009. Copies served. (Edwards, S.)

Date Filed

Document Text

August 11, 2009

Filing 13 JUDGMENT; IT IS ORDERED AND ADJUDGED that the court hereby ALLOWS the United States Motion for Leave to Appeal and GRANTS leave to appeal the injunction and all other issues decided by the Bankrputcy Court in its June 3, 2008 Memorandum Opinion and O rder and its July 25, 2008 Order Determining Conditions of Injunction. The United States Motion for Docketing of Appeal is hereby ALLOWED. FURTHER, the court hereby VACATES the injunction against the United States Department of Education and TERI fro m collecting the student loan obligations against the debtor Vujovic and the conditions of said injunction and REVERSES the Bankruptcy Courts preliminary denial of the debtors request for discharge of his student loan obligations. The court AFFIRMS AND ADOPTS the Bankruptcy Courts finding in its June 3, 2008 Memorandum Opinion and Order that the debtor has not established that his students loans are dischargeable. Because Mr. Vujovic cannot prevail and further proceedings in the Bankrputcy Cou rt on the dischargeability question would serve no real purpose, this court HOLDS that Mr. Vujovics student loans held by the Department of Education and TERI are not dischargeable. Signed by Dennis Iavarone, Clerk of Court by Susan Edwards on 8/11/2009. Copies served. (Edwards, S.)

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Appellee: Radoje Allyn Vujovic
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Appellant: U.S. Department of Education
Represented By:	S. Katherine Burnette
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