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United States v. Hicks

United States District Court, C.D. California

March 6, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
BERNICE WILLIAMS HICKS AKA BERNICE A. WILLIAMS, Defendant

Goldsmith & Hull A.P.C. William I. Goldsmith, Northridge, CA, Attorneys for Plaintiff.

SEPARATE STATEMENT OF UNCONTROVERTED MATERIAL FACTS AND CONCLUSIONS OF LAW

MANUEL L. REAL, District Judge.

Plaintiff's Motion For Summary Judgment was heard on March 3, 2014, before the Honorable: Manuel L. Real; United States District Judge, and the court having considered the evidence being fully advised in the premises, makes the following Statement of Uncontroverted Facts and Conclusion of Law.

STATEMENT OF UNCONTROVERTED MATERIAL FACTS

1. Defendant, BERNICE WILLIAMS HICKS AKA BERNICE A. WILLIAMS, is a resident of the County of Los Angeles, State of California, and within the jurisdiction of this Court.

2 Plaintiff, UNITED STATES OF AMERICA, is a sovereign.

3. Defendant executed promissory notes as follows:

Both of the aforementioned notes were in favor of Bank of America, Pasadena, California. Funds in these amounts were disbursed either to Defendant or the schools she was attending for the benefit of the defendant, BERNICE WILLIAMS HICKS AKA BERNICE A. WILLIAMS.

4. These loans were guaranteed by a state or private non-profit guarantee agency, and were reinsured by the Department of Education under loan guaranty programs authorized under Title IV-B of the Higher Education Act of 1965, as amended, 20 U.S.C. 1071 et seq. (34 C.F.R. Part 682).

5. The debtor defaulted on the balance owed on the notes. The lender declared the notes in default and assigned them to the United States on behalf of the United States Department of Education, who now brings this action.

6. Interest continues to accrue on the unpaid principal balances at variable rate of interest established annually by the Department of Education. Since assigmnent of the loans, the Department of Education credited at total of $0.00 from all sources.

7. The amount owing on the defaulted notes as of January 14, 2011 is the principal amount of

a. [a] $3, 049.92 plus interest accrued from the default to 1/14/11, in the sum of $5, 502.89 with further interest at the rate 3.54% per annum accruing at $0.30 per day until entry of judgment; with interest thereafter at the legal rate; [c] plus costs/administrative fees of $459.00; [d] plus attorney's fees of $5, 232.97.
b. [a] $2, 803.93 plus interest accrued from the default to 1/14/11, in the sum of $4, 191.99 at the rate 3.42% per annum. accruing at $0.26 per day until entry of judgment; with interest thereafter at the legal rate; [c] plus costs/administrative fees of $459.00 ...

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