所有分类
  • 所有分类
  • 次元合集

College loans try nondischargeable when you look at the a section thirteen bankruptcy proceeding

College loans try nondischargeable when you look at the a section thirteen bankruptcy proceeding

The result of disallowance lower than § 502(b)(2) “is to try to guarantee one financial institutions except that [the new collector carrying the newest student loan] located their fair share of the estate

9 Pick § 346.1 [ College loans ] § 158.dos Student education loans. See, age.grams., Leeper v. Pennsylvania Large Educ. Guidelines Company, 49 F.three-dimensional 98 (3d Cir. 1995) (Applying Bruning v. United states, 376 U.S. 358, 84 S. Ct. 906, 11 L. Ed. 2d 772 (1964), unmatured postpetition desire to the a great nondischargeable education loan is not allowable and you may endures release in the a section 13 situation.); When you look at the lso are Hamilton, 179 B.R. 749 (Bankr. S.D. Ga. 1995) (Equilibrium out-of student loan was nondischargeable on conclusion of payments significantly less than Part thirteen package in spite of one Agency of Studies were not successful to timely file a proof allege as well as the debtor registered an evidence of claim on the behalf of the fresh Company inside the an enthusiastic amount disputed because of the Agency.); Ridder v. High Ponds Highest Educ. Corp. (For the re also Ridder), 171 B.R. 345, 346–47 (Bankr. W.D. Wis. 1994) (“In the event claims for postpetition focus is actually disallowed during bankruptcy, immediately after bankruptcy proceeding new manager from http://badcreditloanshelp.net/payday-loans-ne/brunswick good nondischargeable loans can get collect from the new debtor in person. Bruning v. All of us, 376 You.S. 358, 84 S. Ct. 906, 11 L. Ed. 2d 772 (1964). . . . Once the personal debt wasn’t released, Higher Ponds can get gather the fresh new postpetition attract off [the fresh new debtor] privately. . . . The fact that High Lakes’ claim getting postpetition interest might have become disallowed has nothing related to if postpetition focus was dischargeable.”); Inside re Shelbayah, 165 B.Roentgen. 332 (Bankr. Letter.D. Ga. 1994) (Unmatured postpetition interest towards a student loan isn’t an allowable allege significantly less than § 502(b)(2), and you can particularly desire continues to accrue during the Section 13 circumstances. ).

All of the unmatured postpetition appeal get a similar nondischargeable profile given that the underlying student loan lower than § 1328(a)

ten Pick below inside area and determine §§ 155.dos [ Long-Label Costs ] § 88.nine A lot of time-Term Expenses, 159.step one [ A proposal: Convenient Laws getting Class regarding Unsecured States ] § A proposal: Convenient Laws having Class from Unsecured Says and you will 346.1 [ Student loans ] § 158.2 Student loans. Look for, age.grams., During the re also Williams, 253 B.Roentgen. 220, 232 (Bankr. W.D. Tenn. 2000) (“This legal doesn’t prove Part thirteen preparations that provides to have the newest commission interesting so you’re able to student loan creditors, however to other unsecured financial institutions.”); In re also Shelbayah, 165 B.Roentgen. 332, 337 (Bankr. N.D. Ga. 1994) (Unmatured postpetition desire to the an educatonal loan isn’t deductible within the a section thirteen instance under § 502(b)(2), such as for example interest will continue to accrue from inside the Chapter 13 circumstances, while the accruing notice gets the same nondischargeable profile since the underlying student loan around § 1328(a). ”). Accord Leeper v. Pennsylvania High Educ. Recommendations Agency, forty-two F.three dimensional 98 (three-dimensional Cir. 1995); During the re Hamilton, 179 B.R. 749 (Bankr. S.D. Ga. 1995); Ridder v. Higher Ponds Large Educ. Corp. (For the re Ridder), 171 B.Roentgen. 345 (Bankr. W.D. Wis. 1994).

11 Into the re also Boggan, 125 B.Roentgen. 533 (Bankr. Letter.D. Unwell. 1991). Agreement Within the re Gregg, 179 B.R. 828, 830 (Bankr. E.D. Tex. 1995) (Debtor is separately identify around three student loans for payment entirely in which most other unsecured claim holders might possibly be paid down merely .74%. “Most of the student education loans in cases like this was nondischargeable under 11 You.S.C. § 523. Hence, a unique category of these says doesn’t unfairly discriminate facing one other unsecured financial institutions.”). Get a hold of as well as Inside the re also Dillon-Bader, 131 B.Roentgen. 463 (Bankr. D. Kan. 1991) (For the context of great-trust objection in order to confirmation, that isn’t incorrect for a section thirteen debtor to help you alone identify Repair fund having 100% payment when you find yourself investing most other unsecured claim owners ten% once the Fix funds should be paid-in full pursuant in order to 42 U.S.C. § 294f(g).).

原文链接:http://ciyuanshan.com/4159.html,转载请注明出处~~~

0

评论0

新春优惠活动!原XXX包年VIP,现XX;原XXX终身VIP,现XXX。随着资源不断增多,随时提价!
没有账号? 注册  忘记密码?

社交账号快速登录