THE BACKGROUND OF THIS PUBLISHED CASE

Kelly Carson, a very upset medical student came to see Mr. Goldberg on December 12, 1992. Kelly was told by the administrators of a chiropractor college, just days before his Saturday, December 19th, 1992 graduation, the following: that he was not going to be allowed to graduate, get his diploma, or obtain his college transcripts, In addition he would not be allowed to participate in the graduation ceremony. The college was stopping Kelly from graduating and becoming a doctor, only because he owed money for his tuition. Kelly begged the school to work with him. If he became a doctor, he could then pay back his tuition. The school stated to Kelly: you will not become a doctor until you pay us first. Simply put, Kelly’s career, after almost four years at college, was now going to be ruined. He did not have the money to pay the school.

Mr. Goldberg filed a Chapter 7 Bankruptcy for Kelly on December 15, 1992. Mr. Goldberg contacted the college and their attorneys to request the school allow Kelly to graduate and let him participate in the graduation ceremony on December 19th and give him his diploma and transcripts. The school refused until they were paid the balance of the tuition owed. On December 16th, 1992, Mr. Goldberg filed an emergency lawsuit in the bankruptcy court, against the college, stating they were violating the federal bankruptcy laws; by not allowing Kelly to attend the ceremony, graduate and give him his diploma and transcripts. The college was attempting to collect a debt from Kelly after he had filed for Chapter 7 Bankruptcy Protection.

On December 17, 1992, after 8 hours of trial, the bankruptcy court ordered and issued a judgment in favor of Kelly Carson and Mr. Goldberg. The bankruptcy court completely agreed with Mr. Goldberg and Kelly Carson. On December 19th, 1992 Kelly Carson graduated from Logan Chiropractic College, received his diploma and his transcripts and attended the ceremony with his, family, friends and fellow graduates.