By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Are private educational student loans automatically excepted from discharge by § 523(a)(8). (Jacobs) Homaidan v. Sallie Mae, Inc., Navient Solutions, LLC, 2021 WL 2964217 (2nd Cir. July 15, 2021) Case Summary Hilal Homaidan received a number of educational loans to attend College. Shortly after graduation, he filed a Chapter...
Critical Case Comment – American Express Bank v. Smith (In re Smith), Slip Op. No. WW-08-1311-MoJuH (B.A.P. 9th Cir. October 5, 2009) (Montali) Yarnell v. Martinez (In re Martinez),
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American Express Bank v. Smith (In re Smith), Slip Op. No. WW-08-1311-MoJuH (B.A.P. 9th Cir. October 5, 2009) (Montali)
Yarnell v. Martinez (In re Martinez), Slip Op. No. NV-08-1332-MoJuH (B.A.P. 9th Cir. October 5, 2009) (Montali)
An above-median income Chapter 13 debtor may not deduct payments for collateral being surrendered or valued at zero in calculating projected disposable income.
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