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Labor & Employment Law

: New York Public Personnel Law

Failure to repay student loans bars admission to practice law

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Failure to repay student loans bars admission to practice law
Matter of Anonymous, 2009 NY Slip Op 02883, Decided on April 16, 2009, Appellate Division, Third Department

Although Anonymous passed the New York State bar exam and the State Board of Law Examiners certified him for admission to practice before the Appellate Division, Third Department, the Appellate Division concluded that Anonymous ?has not presently established the character and general fitness requisite for an attorney and counselor-at-law.?

The court said that the Anonymous has disclosed the fact that he had various unpaid student loans with balances now totaling about $430,000. Conceding that the loans were ?currently delinquent,? Anonymous said that he had good faith intentions to pay them.

Anonymous attributed his nonpayment of these student loans to the downturn in the economy and "bad faith negotiations on the part of some of the loan services." In contrast, the Appellate Division indicated the its review of Anonymous? application indicates that the disbursement dates of the loans cover a 20-year period, from as early as 1985 and that he has not made any substantial payments on the loans.

Under the circumstances, the Appellate Division declined to approve his admission to practice law before it at this time.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_02883.htm

Full post as published by New York Public Personnel Law on April 20, 2009 (boomark / email).

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