Homaidan v. SLM Corporation et al
| New York Eastern Bankruptcy Court | |
| Chapter 7 | |
| Judge: | Elizabeth S Stong |
| Case #: | 1:17-ap-01085 |
| Nature of Suit | 72 Bankruptcy - Injunctive relief - other 91 Bankruptcy - Declaratory judgment |
| Case Filed: | Jun 23, 2017 |
| Terminated: | Apr 16, 2024 |
| Last checked: never |
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Defendant
SLM Corporation
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Represented By
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Defendant
Sallie Mae, Inc.
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Represented By
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Defendant
Navient Solutions, LLC
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Represented By
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Defendant
Navient Credit Finance Corporation
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Represented By
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Plaintiff
Hilal Khalil Homaidan
Videology Attn: Hilal 308 Bedford Ave
Brooklyn, NY 11211 |
Represented By
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GPO
Jul 25 2018
Memorandum Decision on Defendants' Motion to Compel Arbitration. The Defendants have not established that the Court should compel arbitration of the claims in this adversary proceeding, and the Defendants Motion to Compel Arbitration is denied. An order in accordance with this Memorandum Decision shall be entered simultaneously herewith (related document(s)16). Signed on 7/25/2018 (cjm) |
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GPO
Jan 31 2019
Memorandum Decision on the Defendants' Motion to Dismiss the Complaint; the Defendants' Motion to Dismiss is denied. An order in accordance with this Memorandum Decision will be entered simultaneously herewith. (RE: related document(s)16 Motion to Dismiss Adversary Proceeding filed by Defendant Navient Solutions, LLC, Defendant Navient Credit Finance Corporation). Signed on 1/31/2019 (ads) |
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GPO
Jul 08 2022
Memorandum Decision on the Plaintiffs' Motion for a Temporary Restraining Order. the Plaintiffs Motion for a Temporary Restraining Order is granted in part (RE: related document(s)314 Motion to Authorize/Direct filed by Plaintiff Hilal Khalil Homaidan, Plaintiff Reeham Youssef). Signed on 7/8/2022 (drk) |
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GPO
Sep 02 2022
Memorandum Decision on Navient's Motion for a Stay Pending Appeal (RE: related document(s)351 Motion To Stay filed by Defendant Navient Solutions, LLC, Defendant Navient Credit Finance Corporation). For the reasons stated and based on the entire record, Navients Motion to Stay Temporary Restraining Order is denied. An order in accordance with this Memorandum Decision shall be entered simultaneously herewith. Signed on 9/2/2022 (sej) |
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GPO
Oct 17 2022
Memorandum Decision on the Plaintiffs Motion for a Preliminary Injunction(RE: related document(s)168 Motion 180 Amended Motion 341 Memorandum Decision 342 Order). For the reasons stated herein, and based on the entire record, the Plaintiffs Motion for a Preliminary Injunction is granted in part. Navient is restrained and enjoined from taking any acts to collect on Tuition Answer Loans held by the Plaintiffs and the Putative Class Members, as the class is described in the Amended Complaint, that exceed the cost of attendance as defined by Internal Revenue Code § 221(d), and that have an outstanding balance subject to collection. In view of the pendency of this Courts Temporary Restraining Order, which was entered on July 6, 2022, and has been in effect since September 6, 2022, Navient has had reasonable and sufficient time to implement compliance measures, and this Memorandum Decision and the accompanying order shall be effective immediately. An order in accordance with this Memorandum Decision will be entered simultaneously. Signed on 10/17/2022 (sej). |
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GPO
Nov 01 2022
Memorandum Decision on Navient's Motion for a Stay Pending Appeal. Navients Motion to Stay Preliminary Injunction is denied. An order in accordance with this Memorandum Decision shall be entered simultaneously herewith (RE: related document(s)408 Motion To Stay filed by Defendant Navient Solutions, LLC, Defendant Navient Credit Finance Corporation). Signed on 11/1/2022 (drk) |
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GPO
Apr 11 2023
Memorandum Decision 0f the Plaintiffs' Motion for Class Certification, Based on the entire record and for the reasons stated herein, the Plaintiffs Motion for Class Certification is granted in part. This Court certifies a class under Federal Rule of Civil Procedure 23(b)(2) for declaratory and injunctive relief, and a class under Federal Rule of Civil Procedure Rule 23(b)(3) for damages. The members of each class shall be all individuals who attended or intended to attend Title IV institutions and who received direct-to-consumer private loans owned or serviced by Navient which exceeded the cost of attendance at those institutions, as defined in 26 U.S.C. § 221(d); who obtained bankruptcy discharges after October 17, 2005; who were subsequently subjected to Navients acts to collect on those loans; and who have not reaffirmed their loans. An order in accordance with the Memorandum Decision will be entered simultaneously herewith.(RE: related document(s)168 Motion). Signed on 4/11/2023 (sej) |
| Docket last updated: 12/20/2024 1:08 PM EST |
| Tuesday, April 16, 2024 | ||
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court
Close Adversary Case
Tue 04/16 10:36 AM
Adversary Case 1:17-ap-1085 Closed (drk) |
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