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MacMurray College v. Schiesser

Citations: 132 Ill. App. 3d 436; 477 N.E.2d 65; 87 Ill. Dec. 464; 1985 Ill. App. LEXIS 1826Docket: No. 4—84—0601

Court: Appellate Court of Illinois; April 1, 1985; Illinois; State Appellate Court

Narrative Opinion Summary

In this student loan case, the court reviewed a dispute between a borrower and a college regarding the repayment of a promissory note under the National Direct Student Loan Program. The borrower, along with her cosigner, was granted summary judgment by the trial court, which MacMurray College appealed. The primary legal issues concerned the eligibility for loan deferment and the appropriateness of summary judgment given alleged factual disputes. The borrower claimed deferment based on full-time law school enrollment, yet failed to provide completed deferment forms from her institution, only offering her affidavit. MacMurray College disputed her eligibility and contended that no deferment request was received. The court found that genuine issues of material fact existed, particularly concerning the borrower's deferment eligibility and the existence of a grace period for payments. It emphasized that summary judgment is improper when material facts are disputed, requiring affidavits to be viewed against the moving party. The appellate court reversed the trial court's decision and remanded the case for trial, ensuring that the unresolved factual disputes would be addressed. This decision underscores the necessity of concrete evidence in deferment claims and the careful application of summary judgment principles.

Legal Issues Addressed

Acceleration of Debt

Application: The creditor accelerated the loan due to non-payment, but the timing of acceleration relative to deferment eligibility was contested. The trial court incorrectly found no genuine dispute regarding eligibility.

Reasoning: The court found that the trial court incorrectly determined there was no genuine dispute regarding Gail's eligibility for deferment, leading to a reversal and remand of the case.

Loan Deferment Eligibility

Application: Eligibility for deferment is fact-dependent and requires sufficient evidence of full-time enrollment, which cannot solely rely on the borrower's statements.

Reasoning: The loan terms stipulate a payment waiver only if the borrower provides sufficient evidence of enrollment, which cannot rely solely on the borrower's statements.

Material Factual Dispute

Application: A dispute existed regarding whether payments were due during a contested grace period, impacting the appropriateness of summary judgment.

Reasoning: Additionally, there is a material factual dispute regarding whether payments were due from November 1980 to July 1981, as Gail claims none were due, while MacMurray contests the existence of a grace period.

Summary Judgment Standard

Application: Summary judgment is appropriate only when no genuine issue exists regarding material facts. The court emphasized that affidavits must be interpreted against the moving party.

Reasoning: The court reiterated that summary judgment is appropriate only when no genuine issue exists regarding material facts and emphasized that affidavits must be interpreted against the moving party.