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13-4019 - Elliott et al v. US Department of Education et al


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13-4019 - Elliott et al v. US Department of Education et al
February 12, 2014
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Clerk's Judgment, IT IS THEREFORE BY THE COURT ORDERED That the Plaintiffs Motion for Default Judgment against Defendants, US Department of Education, ACS/NES, Fed Loan Servicer, MOHEALA, Department of Education NELN, Southwest Financial Bank CU and ECMC be and the same is hereby SUSTAINED..IT IS FURTHER BY THE COURT ORDERED That the student loans of these Defendants, US Department of Education, ACS/NES, Fed Loan Servicer, MOHEALA, Department of Education NELN, Southwest Financial Bank CU and ECMC be and the same are hereby DISCHARGED.(related document(s)45, 30, 1) THE COURT IS TO SERVE THIS ORDER ON PARTIES NOT RECEIVING ELECTRONIC NOTICE.File the Certificate of Service and relate it to the ORDER category. (Greene, Sharon)
May 15, 2014
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Clerk's Judgment, Pursuant to the Court's Order (Doc.No. 65), Granting the United States of America's Motion to Dismiss Adversary Proceeding, and directing the Clerk of the Court to enter Judgment, Judgement is hereby entered favor of the United States of America, with each party to bear its own costs.(related document(s)65) THE COURT IS TO SERVE THIS ORDER ON PARTIES NOT RECEIVING ELECTRONIC NOTICE.File the Certificate of Service and relate it to the ORDER category. (Greene, Sharon)
August 11, 2014
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Clerk's Judgment, Judgment is hereby entered as follows: (i) Pursuant to Doc. Nos. 45 and 46, JUDGMENT BY DEFAULT is entered against Defendants ACS/NES, Fed Loan Servicer, MOHEALA, Department of Education NELN, Southwest Financial Bank CU and ECMC. Any debt owed to these Defendants which was incurred by the Debtors prior to the petition date is DISCHARGED; (ii) The Debtors' Complaint against the United States of America on behalf of its agency the United States Department of Education is DISMISSED, WITHOUT PREJUDICE to the Debtors' attempting to discharge the postpetition student loans in a later bankruptcy case;(iii) Following a trial on the merits and for the reasons stated in the Order Directing Judgment entered on August 4, 2014 (Doc. No. 81), JUDGEMENT IS ENTERED IN FAVOR OF Defendant Utah Higher Education Assistance Authority with the Debtors' debt to it being NONDISCHARGEABLE; and (iv) Pursuant to the Stipulation filed by Defendant Sallie Mae Servicing L.P / Navient Solutions, Inc., (Doc. No. 86) JUDGMENT IS ENTERED IN FAVOR OF Debtors Caleb and Lashawnda Elliott with such debt to Sallie Mae/Navient Solutions being DISCHARGED in the Debtors' bankruptcy case.IT IS SO ORDERED.(related document(s)86, 45, 46, 81) THE COURT IS TO SERVE THIS ORDER ON PARTIES NOT RECEIVING ELECTRONIC NOTICE.File the Certificate of Service and relate it to the ORDER category. (Greene, Sharon)
September 17, 2014
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AMENDED Clerk's Judgment, Judgment is hereby entered as follows: (i) Pursuant to Doc. Nos. 45 and 46, JUDGMENT BY DEFAULT is entered against Defendants AES/NCT, Fed Loan Servicer, MOHEALA, Department of Education NELN, Southwest Financial Bank CU and ECMC. Any debt owed to these Defendants which was incurred by the Debtors prior to the petition date is DISCHARGED; (ii) The Debtors' Complaint against the United States of America on behalf of its agency the United States Department of Education is DISMISSED, WITHOUT PREJUDICE to the Debtors' attempting to discharge the postpetition student loans in a later bankruptcy case;(iii) Following a trial on the merits and for the reasons stated in the Order Directing Judgment entered on August 4, 2014 (Doc. No. 81), JUDGEMENT IS ENTERED IN FAVOR OF Defendant Utah Higher Education Assistance Authority with the Debtors' debt to it being NONDISCHARGEABLE; and (iv) Pursuant to the Stipulation filed by Defendant Sallie Mae Servicing L.P / Navient Solutions, Inc., (Doc. No. 86) JUDGMENT IS ENTERED IN FAVOR OF Debtors Caleb and Lashawnda Elliott with such debt to Sallie Mae/Navient Solutions being DISCHARGED in the Debtors' bankruptcy case. IT IS SO ORDERED(related document(s)86, 45, 46, 81) THE COURT IS TO SERVE THIS ORDER ON PARTIES NOT RECEIVING ELECTRONIC NOTICE.File the Certificate of Service and relate it to the ORDER category. (Greene, Sharon)