Dufrane
Dufrane v. Navient Solutions, Inc. (In re Dufrane)
Opinion
Lead Opinion
Carroll, J.
MEMORANDUM RE: DEFENDANT SUNTRUST BANK, N.A.’S MOTION TO DISMISS SECOND AMENDED COMPLAINT AS TO DEFENDANT SUNTRUST BANK, N.A. PURSUANT TO FED. R. CIV. PROC. 12(b)(6)
Defendant, SunTrust Bank, N.A. (“Sun-Trust”) seeks dismissal of the Second Amended Complaint by Debtor to Determine Dischargeability of Debt Pursuant to 11 U.S.C. § 523 (a)(8) 1 (“Complaint”) filed by Plaintiff, Scott D. Dufrane (“Dufrane”) insofar as it seeks affirmative relief from SunTrust in this adversary proceeding. Having considered Dufrane’s Complaint in light of the papers 2 and arguments of *31 counsel, the court will deny SunTrust’s motion based upon the following findings of fact and conclusions of law made pursuant to F.R.Civ.P. 52(a)(1), as incorporated into FRBP 7052 and applied to adversary proceedings in bankruptcy cases.
I.STATEMENT OF FACTS
Dufrane attended Thomas- Jefferson School of Law (“TJSL”) in San Diego, CA and graduated from Hofstra University’s Maurice A. Deane School of Law (“Hofstra Law”) in 2009. By the time he received his law degree, Dufrane had incurred debt of nearly $1,000,000. In his Complaint, Du-frane alleges that he “financed his legal education, as well as his undergraduate…