In re Lesley Campbell a/k/a Lesley Paige Campbell a/k/a Lesley P Campbell, Debtor.Lesley Campbell, Plaintiff - against - Citibank, N.A.; The Student Loan Corporation; Two Square Financial, Inc.; CACH, LLC; and First Step Group, LLC, Defendants., 547 B.R. 49


Summary

HOLDINGS: [1]-Bar examination loan (bar loan) obtained by debtor while she was a law student, which was a product of an arm's length agreement on commercial terms, was not an "educational benefit" under 11 U.S.C.S. § 523(a)(8)(A)(ii) and thus, the creditors' motion to dismiss those counts of debtor's complaint seeking a determination of dischargeability and a declaratory judgment that the bar loan was dischargeable was denied; [2]-Debtor failed to plead facts sufficient to establish that creditors misrepresented the legal obligations of the parties and thus, her claim for violation of the Truth in Lending Act was dismissed; [3]-Nor did debtor allege sufficient facts to satisfy the elements of a claim for fraudulent misrepresentation; [4]-Unjust enrichment claim was dismissed, as debtor did not allege that creditors improperly received any funds from her.