Collection of Student Loan Barred by Res Judicata

A recent Florida 3rd District Court of Appeal’s decision barred the pursuance of an action for a judgment on a student loan on the basis of the doctrine of res judicata. In the defendant’s prior bankruptcy case, the defendant/debtor filed an adversary proceeding to determine the dischargeability of the student loan and the lender filed a counter-claim to liquidate the amount due. The Bankruptcy Court entered a judgment on the issue of non-dischargeability, but did not address the counter-claim. The 3rd District Court of Appeals held that Florida courts apply principles of federal claim preclusion to determine whether a Florida claim is barred by res judicata in cases where prior federal court judgment exists. Final judgment on the merits bar re-ligitation of claims that were peviously raised or could have been raised in the former action. The Education Resources Institute, Inc., etc vs. Mark W. Rickard, Case 3D04-1690 (Fla. 3rd DCA 2/8/06)

Jordan E. Bublick, Attorney at Law, Practice Limited to Bankruptcy Law, Board Certified Specialist in Consumer Bankruptcy Law (American Board of Certification), Member of the Florida Bar since 1983