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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.