Appendix B Pleadings
| Jurisdiction | United States |
Appendix B: Pleadings
IN THE MATTER OF: [REDACTED] [REDACTED] Debtors.
[REDACTED] [REDACTED] Plaintiffs.
vs
SALLIE MAE SERVICING and NELNET LOANS, Defendants.
CASE NO. [REDACTED]
ADVERSARY NO.
Comes now the Plaintiffs, [REDACTED] and [REDACTED] by counsel, [REDACTED] and for their cause of action state:
1. That this Court has original jurisdiction of the cause under 28 U.S.C. §1334.
2. That Plaintiffs are Debtors in the above-captioned bankruptcy proceeding and duly filed their Petition in Bankruptcy in the United States Bankruptcy Court, Southern District of Indiana, Terre Haute Division, on the 25 day of March, 2008, as evidenced by Exhibit 1 attached hereto and made a part hereof by reference.
3. That this is a complaint for the determination of the dischargeability of a debt pursuant to 11 U.S.C. §523(a)(8)(B).
4. That Defendants, Sallie Mae Servicing and Nelnet Loans were duly listed as creditors on Schedule F under account numbers [REDACTED] and [REDACTED] of the aforementioned petition as evidenced by Exhibit 2 which is attached hereto and made a part hereof by reference. And, although, not listed in the original petition, the Debtor also has an account with Sallie Mae Servicing under the number [REDACTED]
5. That excepting the above stated debt from discharge will impose an undue hardship on the Debtors.
WHEREFORE, Plaintiffs, [REDACTED] and [REDACTED] respectfully request that the Court enter an Order determining that the indebtedness described in this Complaint is dischargeable in their bankruptcy proceeding and for all other appropriate relief.
Respectfully submitted,
[REDACTED]
/s/[REDACTED]
[REDACTED] P.C.
Attorney for Plaintiff
[REDACTED]
[REDACTED]
[REDACTED]
In re: [REDACTED] Debtors.
[REDACTED] Plaintiffs
vs.
SALLIE MAE SERVICING and NELNET LOANS, Defendants.
Case No.[REDACTED]
Adversary No [REDACTED]
Sallie Mae, Inc. ("Sallie Mae"), by and through its undersigned counsel, hereby provides its Answers to the allegations of Plaintiff's Petition, and states as follows:
1. Admitted.
2. Admitted.
3. Sallie Mae is without information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies the same.
4. Admitted in part. Sallie Mae admits that Defendants, Sallie Mae Servicing and Nelnet Loans were duly listed as creditors on Schedule F under account numbers [REDACTED] and [REDACTED]. Sallie Mae is without information or knowledge sufficient to form a belief as to the truth of the remaining averments contained in this paragraph and, therefore, denies the same.
5. Sallie Mae is without information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies the same.
The Debtor's Complaint fails to state a claim upon which relief can be granted and, therefore, Debtor's Complaint should be dismissed.
The service of Debtor's Complaint upon Defendant was improper or ineffective and, therefore. Debtor's Complaint should be dismissed.
WHEREFORE, Sallie Mae, Inc., prays this Honorable Court for a judgment in its favor and against the Debtor/Plaintiff, and any such further relief as the Court may deem appropriate.
Respectfully submitted,
DATED: 8/15/2008 By:[REDACTED]
[REDACTED]
[REDACTED]
[REDACTED]
[REDACTED]
[REDACTED]
[REDACTED]
Attorney for Defendant, Sallie Mae, Inc.
In Re: [REDACTED] Debtor,
[REDACTED] Plaintiff,
v.
IOWA STUDENT LOAN LIQUIDITY CORPORATION, Defendant.
Bankruptcy Case No.[REDACTED]
Chapter 7
Adv.Proc. No. 11-___
1. This is an adversary proceeding brought under the Bankruptcy Code, 11 U.S.C. § 523(a)(8), to determine whether certain debts are dischargeable.
2. Jurisdiction of the bankruptcy court in this matter is provided by 28 U.S.C. §§ 1334 and 157.
3. This is a core proceeding.
4. Plaintiff is an adult individual who resides at [REDACTED] Iowa. She is the debtor in above-captioned chapter 7 case.
5. Defendant Iowa Student Loan Liquidity Corporation (hereinafter "ISLLC") is a private, nonprofit corporation headquartered in West Des Moines, Iowa, and is incorporated in the State of Iowa.
6. Plaintiff is a thirty-seven year old single woman salaried at forty-one thousand five hundred dollars ($41,500.00) annually. Her net monthly income at the time of her bankruptcy tiling was approximately two thousand four hundred sixty-four dollars ($2,464.00), but has since been reduced because the needs of her employer no longer allows her any additional part-time employment.
7. Plaintiff attended Drake University between 2005 and 2007. She earned a masters degree in Public...
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