Legal Opinion
Schaerrer v. Westman Commission Co.
Supreme Court of Colorado
Decided February 27, 1989No. 87SC315PublishedCited by 5 opinions
1Opinion of the Court
MULLARKEY, Justice.
We granted certiorari to determine whether a creditor may garnish the proceeds of a student’s federally guaranteed student loan (GSL) in order to collect an antecedent business debt owed by the student. We reverse the court of appeals and hold that the use of state garnishment procedures to attach GSL funds for such purpose is clearly inconsistent with the federal *1059law governing the GSL program and thus the garnishment cannot be permitted.
I
In August 1985, Irma L. Schaerrer applied for and obtained a $2,500 GSL for the express purpose of pursuing a college education at Red…
2Cases cited9 opinions
- MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
- Philbrook v. GlodgettSupreme Court of the United States · 1975
- Philpott v. Essex County Welfare BoardSupreme Court of the United States · 1973
- United States v. Heirs of BoisdoréSupreme Court of the United States · 1849
- General Motors Corporation v. David J. Buha and James B. Stone, County District JudgeCourt of Appeals for the Sixth Circuit · 1980
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3Cited by5 opinions
- In Re Marriage of BaumgartnerAppellate Court of Illinois · 2008
- In Re Marriage of RochaCalifornia Court of Appeal · 1998
- Anderson Boneless Beef, Inc. v. Sunshine Health Care Center, Inc.Colorado Court of Appeals · 1993
- In re Marriage of BaumgartnerAppellate Court of Illinois · 2008
- Schaerrer v. Westman Commission Co.Supreme Court of Colorado · 1989