Critical Case Comment – Educational Credit Management Corporation v. Kirkland (In re Kirkland), 2010 WL 851414 (4th Cir. March 12, 2010) (Agee)

Educational Credit Management Corporation v. Kirkland (In re Kirkland), 2010 WL 851414 (4th Cir. March 12, 2010) (Agee)

Bankruptcy court lacks subject matter jurisdiction to determine issues relating to collection costs and post-petition interest accruing on a student loan proposed to be paid in a Chapter 13 case.

Summary of the Case

The debtor’s Chapter 13 plan proposed to pay three student loans in full during the Chapter 13 case. The Chapter 13 plan would . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

moran_cathy
June 25, 2023
Most lawyers were torn between wincing and laughing when a lawyer filed a brief packed with case authority created out of whole cloth by an AI bot. Meanwhile, a segment of the bar is fretting that we will be replaced by powerful artificial intelligence. My concern, based on a couple of casual forays into AI, is not that I will...
Members
November 22, 2020
By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) III. Providing for the Secured Mortgage Claim, as Modified. A. Does the requirement of § 1325(a)(5)(B)(iii) for equal monthly payments permit the Debtor to propose a balloon payment in the payment of the creditor’s claim? Equal Monthly Payments Required By § 1325(a)(5)(B)(iii) Does NOT Permit Debtor To Propose A Balloon Payment....
Members
bonapfel2
December 8, 2024
The Honorable Paul W. Bonapfel, United States Bankruptcy Court for the Northern District of Georgia, produces an extensive outline on Subchapter V. This is a FREE resource and is freshly updated!! Thank you Judge Bonapfel!
Hayes Jury
July 7, 2024
Bailey v. Glover 1874 - When the trustee is required to bring an action to avoid a fraudulent conveyance within two years of the bankruptcy filing, does the active concealment of the transfer by the debtor and the transferees toll the running of the two-year statute of limitations to bring the action?
Members
William-1_print_2019
In bankruptcy cases, creditors are usually required to return payments made shortly before the debtor's filing. On Monday, in United States v. Miller, the justices considered whether this rule also applies to the IRS.
Members
markhall
December 15, 2024
Appointment of Mark E. Hall as Bankruptcy Judge Click here for background
July 14, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the issues raised at the public hearings of the Commission concerned Chapter 7 trustees that would not take prompt action to abandon exempt or partially exempt assets but, would retain assets in the hope that there might be equity in the future to sell the asset for...
Members
October 6, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the most difficult situations faced by a debtor and debtors’ counsel is the repossession of important collateral securing a debt owed to a creditor. These items, such as automobiles, furniture, boats, and mowers which have been pledged to a creditor are important – often critical – to...
Members
October 11, 2020
By Cathy Moran, Esq. (Redwood City, CA) Once again, I sat in a 341 meeting where the trustee’s representative purported to deliver vital information to the assembled debtors. She had a captive audience of anxious listeners. She had ostensible power of life and death over their financial future. They needed to know what she had to say. But as communication,...
Members
Hayes Jury
November 17, 2024
Issue: Does the bankruptcy discharge terminate the right of a secured creditor to foreclose its lien on the debtor’s exempt homestead?
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: