IN RE NAT. COLLEGIATE STUDENT LOAN TRUSTS 2003-1

Nos. 18-3327, 18-3328.

971 F.3d 433 (2020)

IN RE: NATIONAL COLLEGIATE STUDENT LOAN TRUSTS 2003-1, 2004-1, 2004-2, 2005-1, 2005-2, 2005-3 *Waterfall Asset Management, LLC, One William Street Capital Master Fund, Ltd., OWS Credit Opportunity I, LLC, OWS ABS Fund II, L.P. and OWS COF 1 Master, L.P., Appellants In re: National Collegiate Student Loan Trusts 2003-1, 2004-1, 2004-2, 2005-1, 2005-2, 2005-3 U.S. Bank National Association, Indenture Trustee, Appellant *(Pursuant to Rule 12(a) Fed. R. App. P.).

United States Court of Appeals, Third Circuit.

Opinion filed: August 19, 2020.


Attorney(s) appearing for the Case

Michael Hanin (Argued), Uri Itkin , Kasowitz Benson Torres, 1633 Broadway, 21st Floor, New York, NY 10019, Henry B. Brownstein , Kosowitz Ben Torres, 1399 New York Avenue, Suite 201, Washington, DC 20005, Andrew D. Cordo , Ashby & Geddes, P.A., 500 Delaware Avenue, 8th Floor, P.O. Box 1150, Wilmington, DE 19899, Counsel for Appellants, Waterfall Asset Management LLC, One William Street Capital Master Fund Ltd., OWS Credit Opportunity I LLC, OWS ABS Fund II LP, OWS COF I Master LP.

Jeffrey T. Castellano , John W. Shaw , Shaw Keller, 1105 North Market Street, I.M. Pei Building, 12th Floor, Wilmington, DE 19801, Louis Chaiten , James R. Saywell , Jones Day, 901 Lakeside Avenue, North Point, Cleveland, OH 44114, Keith Kollmeyer , Matthew Martel , (Argued), Anthony Masero , Joseph B. Sconyers , Jones Day, 100 High Street, Boston, MA 02110, Counsel for Appellant, US Bank NA, as Indenture Trustee.

Daniel L. Berger , Charles T. Caliendo , James J. Sabella , Grant & Eisenhofer, 485 Lexington Avenue, 29th Floor, New York, NY 10017, Kimberly Evans (Argued), Michael T. Manuel , Grant & Eisenhofer, 123 Justison Street, 7th Floor, Wilmington, DE 19801, Counsel for Appellees.

Before: McKEE, AMBRO, and PHIPPS, Circuit Judges.


OPINION OF THE COURT

Six Delaware statutory trusts (the "Trusts") acquired student loans, issued notes for those acquisitions, and pledged the student loans as collateral for the notes. This process, called a securitization, works well when the students do not default on their loans. When they do, a servicer of the...

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