National Collegiate Student Loan Trust 2007-3 v. De Leon
A student loan lender sued the borrower after default; the borrower obtained summary judgment on res judicata grounds because the lender, a scheduled creditor in the borrower's earlier Chapter 7 case, filed no proof of claim and no adversary proceeding. The Third DCA reversed, distinguishing Education Resources Institute v. Rickard and holding that res judicata bars only claims actually litigated and decided, and the bankruptcy court never adjudicated any claim regarding the student loan.
Key facts
- National Collegiate Student Loan Trust 2007-3, a student loan lender, sued De Leon, a borrower, for breach of a student loan agreement after default.
- De Leon obtained summary judgment based on res judicata, arguing the lender was a scheduled creditor in De Leon's earlier Chapter 7 bankruptcy case but filed no proof of claim and no adversary proceeding regarding the student loan debt.
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Why it matters
The opinion gives creditors' counsel a citable limit on the 'could have been raised' language in Rickard, confirming that mere inaction in a debtor's bankruptcy does not create claim preclusion where nothing was… — full analysis with a trial
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