You are here

Kirkland v. Sallie Mae et al. (In re Kirkland) (Case No. 01-00627; A.P. No. 07-06057) 10/10/2008

The court denied the creditor's motion to alter or amend a judgment under Fed. R. Bankr. P. 9023 (applying Fed. R. Civ. P. 59) because at trial, the creditor did not raise the arguments or present the evidence (an accounting of principal, interest, and costs) in the motion.  Further, the court held that even if the creditor had provided the statutory basis under 20 U.S.C. § 1091(b)(1) for its request for costs at trial, those costs would have been denied because the creditor did not act prudently as required under C.F.R. 682.410(a)(5)(iii) and the failure to act in a prudent manner during the pendency of the bankruptcy case was the cause of the decision to incur the costs.

Date: 
Friday, October 10, 2008
Category: 
Motion to Reconsider
Student Loan
Chapter: 
13