Legal Opinion

Trustees of Tufts College v. Ramsdell

Massachusetts Appeals Court

Decided May 11, 1990No. 89-P-731PublishedCited by 16 opinions

1Opinion of the CourtFine, J.

The issue raised in this appeal is whether recently-adopted Federal law preempts State law relating to the amount of attorney’s fees that may be recovered from a borrower who defaults on a Perkins student loan. See 20 U.S.C. §§ 1087aa et seq. (1988).

Pursuant to the Federal statute, the trustees of Tufts College (Tufts) made a Perkins student loan to the defendant. The defendant signed a promissory note obligating her to repay the loan “together with all attorneys’ fees and other costs and charges for the collection of any amount not paid when due according to the terms of th[e] note[.]” Tufts…

2Cases cited8 opinions

  1. First National Bank of Boston v. BrinkMassachusetts Supreme Judicial Court · 1977
  2. United States Trust Co. of New York v. HerriottMassachusetts Appeals Court · 1980
  3. Lewis v. National Shawmut BankMassachusetts Supreme Judicial Court · 1939
  4. Leventhal v. KrinskyMassachusetts Supreme Judicial Court · 1950
  5. Commonwealth v. FedericoMassachusetts Supreme Judicial Court · 1981

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3Cited by16 opinions

  1. Winthrop Corp. v. LowenthalMassachusetts Appeals Court · 1990
  2. In Re 1095 Commonwealth Avenue Corp.United States Bankruptcy Court, D. Massachusetts · 1997
  3. Robbins v. KrockMassachusetts Appeals Court · 2008
  4. In Re Mortgage Investors Corp.United States Bankruptcy Court, D. Massachusetts · 1992
  5. Eastern Holding Corp. v. Congress Financial Corp.Massachusetts Appeals Court · 2009

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