U.S. Department of Education v. Vujovic

Filing 13

JUDGMENT; IT IS ORDERED AND ADJUDGED that the court hereby ALLOWS the United States Motion for Leave to Appeal and GRANTS leave to appeal the injunction and all other issues decided by the Bankrputcy Court in its June 3, 2008 Memorandum Opinion and O rder and its July 25, 2008 Order Determining Conditions of Injunction. The United States Motion for Docketing of Appeal is hereby ALLOWED. FURTHER, the court hereby VACATES the injunction against the United States Department of Education and TERI fro m collecting the student loan obligations against the debtor Vujovic and the conditions of said injunction and REVERSES the Bankruptcy Courts preliminary denial of the debtors request for discharge of his student loan obligations. The court AFFIRMS AND ADOPTS the Bankruptcy Courts finding in its June 3, 2008 Memorandum Opinion and Order that the debtor has not established that his students loans are dischargeable. Because Mr. Vujovic cannot prevail and further proceedings in the Bankrputcy Cou rt on the dischargeability question would serve no real purpose, this court HOLDS that Mr. Vujovics student loans held by the Department of Education and TERI are not dischargeable. Signed by Dennis Iavarone, Clerk of Court by Susan Edwards on 8/11/2009. Copies served. (Edwards, S.)

A O 4 5 0 ( R e v . 5/85)

United States District Court
EASTERN DISTRICT OF NORTH CAROLINA
UNITED STATES DEPARTMENT OF E D U C A T IO N , Appellant, v. R A D O JE ALLYN VUJOVIC, A p p e lle e . _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ U N IT E D STATES OF AMERICA, A p p e lla n t, v. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) J U D G M E N T IN A CIVIL CASE C A S E NO. 5:08-CV-295-F

C A S E NO. 5:08-CV-436-F

R A D O JE ALLYN VUJOVIC, A p p e lle e . _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ ) U N IT E D STATES OF AMERICA, ) A p p ellan t, ) ) v. ) ) R A D O JE ALLYN VUJOVIC, ) A p p e lle e . )

C A S E NO. 5:08-CV-439-F

D ecisio n by Court.

IT IS ORDERED AND ADJUDGED that the court hereby ALLOWS the United States' Motion fo r Leave to Appeal and GRANTS leave to appeal the injunction and all other issues decided by the B ankrpu tcy Court in its June 3, 2008 Memorandum Opinion and Order and its July 25, 2008 Order D e term in in g Conditions of Injunction. The United States' Motion for Docketing of Appeal is hereby A LLO W E D . FURTHER, the court hereby VACATES the injunction against the United States Department o f Education and TERI from collecting the student loan obligations against the debtor Vujovic and the conditio n s of said injunction and REVERSES the Bankruptcy Court's preliminary denial of the debtor's req u est for discharge of his student loan obligations. The court AFFIRMS AND ADOPTS the B ankrup tcy Court's finding in its June 3, 2008 Memorandum Opinion and Order that the debtor has n o t established that his students loans are dischargeable. Because Mr. Vujovic cannot prevail and further proceedings in the Bankrputcy Court on the dischargeability question would serve no real p u rp o se, this court HOLDS that Mr. Vujovic's student loans held by the Department of Education and TE R I are not dischargeable.

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T H E ABOVE JUDGMENT WAS ENTERED TODAY, August 11, 2009, AND A COPY M A ILE D VIA ELECTRONICALLY OR BY REGULAR MAIL TO: S . Katherine Burnette U .S . Attorney's Office 3 1 0 New Bern Avenue, Room 800 R a leigh , NC 27601 William E. Brewer, Jr. 6 1 9 N. Person Street R a leigh , NC 27604 R ad o je Allyn Vujovic P .O . Box 424 C o llettsv ille, NC 28611

B e njam in A. Kahn P .O . Box 3463 G reen sb o ro , NC 27402

A u gu st 11, 2009 D ate

DENNIS P. IAVARONE Clerk of Court /s/ Susan K. Edwards (By) Deputy Clerkj

Wilmington, North Carolina

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