Month: July 2017

4th Circuit: Burwick v. Pilkerton- Admissions trump Interrogatories

Summary:

Ms. Burwick denied certain allegations in her answers to Interrogatories but her response to a set of Admissions, sent pursuant to Rule 36, with similar questions was fourteen (14) days late. As such, those admissions were deemed, pursuant to Rule 36 ((b), “conclusively established,” despite any contradiction in the Interrogatories and summary judgment was granted to Pilkerton as there were no genuine disputes of material fact.

Commentary:

The opinion notes that Burwick did move to withdraw her untimely admissions, but the district court did not seem to address this in granting summary judgment. Rule 36(b) does allow for the withdrawal or amendment of admissions, but not necessarily an after-the-fact extension.… Read More

Posted in 4th Circuit Court of Appeals Tagged with: , , , ,

Bloomberg BNA: Mounting Student Debt Mobilizing Bankruptcy Courts by Diane Davis

Mounting Student Loan Debt Mobilizes Bankruptcy Courts

https://www.bna.com/mounting-student-loan-n73014461679/

Mounting Student Loan Debt Mobilizing Bankruptcy Courts

A weekly news service that publishes case summaries of the most recent important bankruptcy-law decisions, tracks major commercial bankruptcies, and reports on developments in bankruptcy reform in…

By Diane Davis

Wiping out student loan debt in bankruptcy is so difficult it’s rarely an option for distressed borrowers. But there are indications that bankruptcy courts are starting to play a bigger role in addressing what is widely considered a financial crisis and a drag on the U.S. economy.

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Dallas News: Free yourself from debt, without regrets

Free yourself from debt, without regrets by Liz Weston, Nerdwallet

 … Read More

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