Re: partial discovery -- what happens to motions?


student wrote:
The cases you point out go into detail of what constitute as the loan
as the issue is that the term "loan" is not defined thoroughly. In both
cases students won. In my case the case is even stronger because
various communication between the univerity and I, also I was given no
official records and had to take many classes again etc. If it was not
for my presistance and hard work I would not have been able to continue
my education.

This is why the cases were decided in favour of the students:

"The meaning of the term "educational loan" used in the statute lies at
the heart of these appeals. Although the word "loan" is not defined in
§ 523(a)(8), under the common law it means generally speaking a
contract whereby one party transfers to another money or its equivalent
that the latter agrees to repay later. While various contracts were
entered into in these cases between the debtors and the colleges, none
of those casual covenants meets the definition of loan. We hold
therefore that such contracts do not constitute either educational
loans or educational benefits within the meaning of § 523(a)(8)."

Also the thing in discussion further points out the follwoing:

"The transactions in these cases do not meet the Grand Union standard.
Neither college entered into an agreement to extend credit to its
student or to permit the student to attend classes in return for a
payment of tuition at a future date. Rather, both Renshaw and Regner
unilaterally decided not to pay tuition when it came due. The colleges,
which then could have forbidden them to attend classes, chose not to do
so. Nor did the colleges come to any agreement with Renshaw or Regner
about future class attendance or an extension of credit."

Why are you wasting your time pointing all this out to me when I was
the one who pointed you to the decision in the first place? Are you
now assuming I supplied the URL just because I liked the names Renshaw
and Regner and didn't understand one other thing about the case--or why
the students won?? Have you now, amidst all your other troubles,
decided to instruct others in legal matters? Why not wait until you
have actually won a case representing yourself? Like I have.

.

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