In re Green

2011 WL 5902502 (2011)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
I
From our private database of 46,200+ case briefs, written and edited by humans—never with AI.

In re Green

United States Bankruptcy Court for the Eastern District of North Carolina
2011 WL 5902502 (2011)

Play video

Facts

Green (plaintiff) attended East Carolina University (ECU) (defendant) and received a Federal Perkins loan. Green also received an overpayment of financial aid from the North Carolina Department of Health and Human Services’ Division of Services for the Blind (Division). These loans were managed by ECU’s Office of Student Loans. Green became liable to ECU for the entire overpayment because ECU repaid the Division for the full amount of the overpayment. After Green filed for Chapter 7 bankruptcy under the United States Bankruptcy Code (Bankruptcy Code), she continued to attend ECU and then withdrew. Green’s withdrawal forced ECU to again return her financial aid to the third-party financial-aid providers. ECU billed Green for both the overpayment and the returned financial aid. Green filed a motion for sanctions against ECU, claiming that ECU’s Office of Student Loans had attempted to collect on her prepetition debt through four letters and invoices after receiving notice of the filed bankruptcy petition. ECU contended that the letters and invoices were unintentional because they resulted from a lack of communication between different ECU departments and were part of an automatic process.

Rule of Law

Issue

Holding and Reasoning (Doub, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 790,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 790,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 790,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,200 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Debtors and Creditors

Key Terms