· 11/5/2009
Samb v. Holder
Citations
- 352 F. App'x 469
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- obtaining deferment not enough to establish good faith “when it is not followed by payment or a significant effort to work out a payment schedule.”
- rejecting argument that 46 years of age is an “exceptional circumstance” equating to unemployability and a persistent inability to pay
- “But obtaining a deferment does not necessarily evidence good faith, when it is not followed by payment or a significant effort to work out a payment schedule.”
- second prong not met where a debtor with multiple dependent children had advanced degrees, a history of employment, access to a good job market and a wife with her own advanced degree and a high earning capacity
- debtor with some education and work experience and an educated and employed wife, who served as the primary source of income for the family while the debtor had been a stay-at-home father, did not meet the second prong
Source: CourtListener parenthetical corpus (CC0).
Judges: Calabresi, Katzmann, Newman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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