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KeyBank Update

Of the 3 major lenders that made tuition loans to students to attend Silver State Helicopters Flight Schools, KeyBank has been the most difficult to deal with. On the plus side, I have settled some claims for individual former SSH students with low flight hours at a large discount and none of my KeyBank loan clients have been sued or forced into arbitration by KeyBank to date. On the minus side, many former students with KeyBank loans are in collection, being dunned with calls and letters. Up until now, KeyBank has prevailed in its efforts to throw out all claims for relief brought against it on behalf of former SSH Students. Then, on September 21, 2012, something good happened.

In the California proposed class action lawsuit against KeyBank entitled Matthew Kilgore, et al. v. KeyBank National Association, et al, Case No 09-16703 the United States Court of Appeal for the Ninth Circuit issued an order stating that “Upon the vote of a majority of unrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Ninth Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit” This means that an 11 judge Appellate Court panel is going to rehear the case and may reconsider and change the court’s ruling in favor of KeyBank. This order was issued by the famous Chief Judge of the United States Court of Appeals for the Ninth District, Alex Kozinski.

If you are a former student of SSH and you are having problems with your lender trying to collect from you, please call me for a free consultation. My office telephone number is 310 271-6223. For a flat fee of $800.00/student, I have helped many former SSH students save up to $70,000.00.

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MICHAEL JAY BERGER

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