Keywords: student loans . Chapter 13 plan .
Student Loans > Chapter 13 > Creditor Classifications & Discrimination Student Loans: Discharge possible through plan confirmation and notice, without adversary proceeding3 Cases , IssueID 52 |
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Ch 7 Means Test |
Ch 13 Means Test |
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Topic Description:While student loans are nondischargeable, and can only be discharged with a showing of undue hardship, occasionally a Chapter 13 plan will be approved that discharges a student loan, and if there is no objection, what happens when then plan is completed? Lines of Cases:
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SEE SUPREME COURT REVERSING IN PART... Our long-standing circuit law holds that student loan debts can be discharged by way of a Chapter 13 plan if the creditor does not object, after receiving notice of the proposed plan, Pardee, 193 F.3d at 1086, and that such notice is not constitutionally inadequate. In re Gregory, 705 F.2d at 1123.
Student loan discharge through plan confirmation where creditor did not object. However, court takes a "dim view" of such tactics.
Student loan discharge through plan confirmation where creditor did not object. However, court takes a "dim view" of such tactics.
SEE SUPREME COURT REVERSING IN PART... Our long-standing circuit law holds that student loan debts can be discharged by way of a Chapter 13 plan if the creditor does not object, after receiving notice of the proposed plan, Pardee, 193 F.3d at 1086, and that such notice is not constitutionally inadequate. In re Gregory, 705 F.2d at 1123.
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